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South Africa decisions
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Specfen (PTY) Limited v Specific Fencing (PTY) Ltd and Others (28809/2019) [2022] ZAGPJHC 448 (28 June 2022)
The High Court dismissed Specfen’s rescission application against a liquidation order, finding the applicant had notice through its sole director and had not shown the order was erroneously granted.
Equity Diamond Cutting Works (Pty) Ltd v Quantum Leap Investments 706 (Pty) Ltd and Others (53810/2021) [2021] ZAGPJHC 797 (3 December 2021)
The High Court ordered immediate operation of a Full Court order removing directors and declaring them delinquent, pending appeal, and awarded costs against two directors personally.
Moropa and Another v Pather and Others (2987/2020) [2020] ZALMPPHC 42 (29 June 2020)
The court found that the applicants lacked locus standi: the First Applicant was not a shareholder but a nominee of the Tswako Mante Trust, and the Second Applicant's claim as heir was unsupported and contradicted by the death certificate and board resolutions. The failure to join the Trust and its trustees, who held a direct and substantial interest, was fatal. The Limpopo High Court lacked jurisdiction, as the majority of parties and companies were situated in Johannesburg. The applicants failed to disclose material facts, including the true shareholding structure and the circumstances of M…
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Makanda and Others v Mosotho and Others (4153/2016) [2018] ZAFSHC 7 (9 February 2018)
The High Court dismissed a motion-procedure objection but upheld non-joinder, holding that shareholders had a direct and substantial interest in a delinquency application.
Lobelo and Another v Kukama and Another (71429/2013) [2014] ZAGPPHC 478 (21 May 2014)
High Court spoliation application dismissed after finding no unlawful deprivation of possession, despite the applicants' prior access and control over the premises.
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