Tolhof General Dealer (Pty) Ltd v Coalition Trading 790 (Pty) Ltd (4906/2024) [2025] ZAWCHC 45 (12 February 2025)
Court
Western Cape High Court, Cape Town
Case number
4906/2024
Judge
N.E. Ralarala
The court upheld a Rule 7 objection, struck out new matter in reply, and held that the applicant lacked authority to litigate after its sole shareholder-director died.
PT Paint and Palel (Pty) Ltd and Another v Verios and Others (2024/084378) [2024] ZAGPJHC 807 (16 August 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2024/084378
Judge
Modiba
The High Court heard an urgent corporate dispute about director appointments, share-transfer-related control, and bank signatory authority, and granted interim relief.
ALG Boerdery (Pty) Ltd and Another v Van Heerden and Others (2699/2023) [2023] ZAWCHC 145 (14 June 2023)
Court
Western Cape High Court, Cape Town
Case number
2699/2023
Judge
J Cloete
The court found that the documents requested by the respondents under rule 35(14) are neither essential nor material to the determination of the issues in the main application, which concern the validity of the appointment of a director, the business rescue resolution, and the appointment of the business rescue practitioner. The documents sought post-date the impugned events and cannot be relevant to their determination. Discovery in motion proceedings is exceptional and should only be granted where the documents are necessary for the fair determination of the case. The respondents' attempt t…
Klopper v Shakas Rock No.62 (Pty) Ltd and Others (19741/2022) [2022] ZAGPPHC 874 (21 November 2022)
Court
North Gauteng High Court, Pretoria
Case number
19741/2022
Judge
E van der Schyff
The High Court confirmed a rule nisi setting aside Klopper’s purported director appointment retrospectively and granting indemnity, finding no genuine factual dispute.
Columbia Media v Titi; Titi and Others v Ngwenya and Others (4737/2017; 26732/2017) [2022] ZAGPJHC 104 (1 March 2022)
Court
South Gauteng High Court, Johannesburg
Case number
4737/2017; 26732/2017
Judge
E F Dippenaar
The court found that the applicants failed to establish any misrepresentation or fraud by the respondents. The documentary and objective evidence showed that Mr Ngwenya was aware of the terms and implications of the final preference share agreement and its addendum, participated in negotiations, and had legal assistance. The agreements were not hidden or misleading, and Mr Ngwenya's conduct objectively represented assent. Even if Mr Ngwenya was mistaken, the mistake was due to his own failure to read and consider the documents, which does not justify avoidance of the contract. The applicants…
Opperman v De Klerk N.O and Others (48920/2020) [2022] ZAGPPHC 48 (25 January 2022)
Court
North Gauteng High Court, Pretoria
Case number
48920/2020
Judge
Matshitse AJ
The court found that the applicant relinquished his shares in the third respondent in 2007 and was no longer a shareholder, thus lacking locus standi under section 163 of the Companies Act. The applicant failed to demonstrate compliance with the procedural requirements of section 165, including the demand process and showing irreparable harm or substantial prejudice. The court was not satisfied that the applicant was acting in good faith or that the proposed action was in the best interests of the company. The evidence indicated that the company had ceased business and that the shareholders h…
Eden Rose Mining Resources (Pty) Ltd and Others v Michau Exploration & Drilling (Pty) Ltd and Another (1590/2014) [2014] ZAFSHC 207 (11 December 2014)
Court
Free State High Court, Bloemfontein
Case number
1590/2014
Judge
Van der Merwe
The High Court dismissed a liquidation application after finding the applicants had not shown locus standi as shareholders or directors, and refused referral to oral evidence.
Gunner v Ferrari and Others (10783/13) [2013] ZAGPJHC 263 (24 October 2013)
Court
South Gauteng High Court, Johannesburg
Case number
10783/13
Judge
Monama
High Court granted specific performance in a share-sale dispute, rejecting claims of undue influence and holding the breakdown in trust did not bar enforcement.
Oberholster NO and Others v Richter (A515/11) [2013] ZAGPPHC 99; [2013] 3 All SA 205 (GNP) (12 April 2013)
Court
North Gauteng High Court, Pretoria
Case number
A515/11
Judges
C.P Rabie, H.J. Devos, H-L. Alberts
Appeal against removal of an executor and related director orders. The High Court held the respondent failed to show the executor’s conduct imperiled the estate.
