Cossadianos and Others v Nel and Others (2024-104634)
Cossadianos and Others v Nel and Others (2024-104634) [2025] ZAGPPHC 284 (17 March 2025)
The court found that Mr. Nel's unilateral exclusion of Mr. Cossadianos from the management and affairs of the companies, without recourse to legal process, constituted oppressive and unfairly prejudicial conduct under section 163 of the Companies Act. The respondents' justification based on allegations of fraud did not entitle them to resort to self-help, as disputes must be resolved through the courts. The applicants retained locus standi despite the respondents' attempt to cancel their interests, as such cancellation was not effected through due process. The deadlock and breakdown of trust…
Source excerpt
- Oppressive Conduct
- Section 163 Companies Act
- Shareholder Remedies
- Director Exclusion
- Self Help
- Valuation Of Shares