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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 316

Smith and Others v One Vision Investments 344 (Pty) Ltd (76711/2014)

Smith and Others v One Vision Investments 344 (Pty) Ltd (76711/2014) [2020] ZAGPPHC 316 (25 June 2020)

The High Court dismissed an application for leave to appeal, holding that the applicants showed no reasonable prospect of success and that costs should follow the result.

  • Leave To Appeal
  • Contractual Conditions
  • Director Resignation
  • Estoppel
  • Waiver
  • Payment Of Costs
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Administrative Law [2018] ZAGPPHC 12

Singh and Others v Companies and Intellectual Property Commission and Others (33482/2016)

Singh and Others v Companies and Intellectual Property Commission and Others (33482/2016) [2018] ZAGPPHC 12 (19 March 2018)

The court held that the decisions by CIPC to accept, investigate, and issue summonses regarding the complaints about director resignations do not constitute administrative action under PAJA, as they do not adversely affect rights or have a direct, external legal effect. The investigation is not time-barred under section 219(1) of the Companies Act because the alleged fraudulent removal of Smith as director constitutes a continuing wrong, and the statutory duty to maintain accurate company records persists. The initial improper service of summons by email was cured by subsequent service via th…

  • Promotion Of Administrative Justice Act
  • Companies Act
  • Time Bar And Prescription
  • Service Of Process
  • Review Of Administrative Action
  • Director Resignation
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Commercial And Corporate [2017] ZANWHC 48

Morwane v Absa Limited and Others (M499/2016)

Morwane v Absa Limited and Others (M499/2016) [2017] ZANWHC 48 (6 April 2017)

The court dismissed a former director and shareholder’s application for company records and information, finding he no longer had a legal right under section 26.

  • Companies Act Access To Records
  • Shareholder Rights
  • Director Resignation
  • Locus Standi
  • Information Disclosure
  • Companies-act
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Commercial And Corporate [2017] ZAGPJHC 76

Ambanc (Pty) Limited t/a Hiref v Sukha and Others (2017/8310)

Ambanc (Pty) Limited t/a Hiref v Sukha and Others (2017/8310) [2017] ZAGPJHC 76 (16 March 2017)

The court dismissed urgent competing applications arising from a family company dispute, holding Ambanc lacked authority to sue and that the counter-application could not be decided on the papers.

  • Director Resignation
  • Authority To Institute Proceedings
  • Section 71 Companies Act
  • Section 163 Companies Act
  • Interim Interdict
  • Family Business Dispute
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Commercial And Corporate [2007] ZAGPHC 38

Viljoen and Another v Rademeyer and Another (15967/2006)

Viljoen and Another v Rademeyer and Another (15967/2006) [2007] ZAGPHC 38 (25 April 2007)

Opposed motion for specific performance over a resignation and share-transfer agreement was referred to trial because material disputes of fact could not be resolved on affidavit.

  • Specific Performance
  • Share Transfer Dispute
  • Director Resignation
  • Motion Proceedings
  • Dispute Of Fact
  • Specific-performance
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.