South Africa Case Law

Ngassam v MTN Group Management Services (Pty) Ltd (4337/2022)

Ngassam v MTN Group Management Services (Pty) Ltd (4337/2022) [2024] ZAGPJHC 277 (15 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

4337/2022

Judge

J J Meiring

The court found that the plaintiff's delivery of the document dated 25 April 2022 was an irregular step not provided for in the Uniform Rules of Court. The document was discursive, argumentative, and went beyond the scope of responding to the defendant's notice under rule 23(1)(a), thereby prejudicing both the defendant and the court by complicating the proceedings and diverting attention from the issues to be adjudicated. Although MTN delivered its notice under rule 30(2)(b) and the application itself out of time, the court exercised its inherent power under section 173 of the Constitution t…

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• Uniform Rules Of Court
• Condonation
• Irregular Step
• Jurisdiction Of High Court
• Termination Of Employment
• Directors Duties

Pasiya and Others v Lithemba Mining (Pty) Ltd and Others (206/2022; 264/2022)

Pasiya and Others v Lithemba Mining (Pty) Ltd and Others (206/2022; 264/2022) [2023] ZASCA 169; [2024] 1 All SA 626 (SCA); 2024 (4) SA 118 (SCA) (1 December 2023)

Court

Supreme Court of Appeal

Case number

206/2022; 264/2022

Judges

Saldulker, Zondi, Mothle, Matojane, Kathree-Setiloane

The Supreme Court of Appeal held that the high court correctly applied the two-stage test for declaratory relief. The appellants, as shareholders, had an interest in an existing or contingent right, but the court exercised its discretion against granting relief due to their undue delay in instituting proceedings. The dilution of shareholding and related transactions occurred in 2009–2010, and the appellants only approached the court in 2020, by which time their claims had prescribed. The loan agreement and share capital increase were lawfully authorised and implemented in accordance with the…

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• Declaratory Relief
• Company Share Capital
• Prescription Of Claims
• Board And Shareholder Resolutions
• Directors Duties
• Shareholder Dilution

Letanta v Standard Bank (Pty) Ltd and Others (5125/2017)

Letanta v Standard Bank (Pty) Ltd and Others (5125/2017) [2018] ZAFSHC 103 (7 June 2018)

Court

Free State High Court, Bloemfontein

Case number

5125/2017

Judge

Mhlambi

The High Court dismissed an application by a shareholder-director seeking company bank statements and financial records, finding no proper statutory basis for the relief.

• Shareholder Rights
• Access To Company Records
• Companies Act
• Oppression Remedy
• Directors Duties
• Shareholder-rights