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South Africa Case Law

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Commercial And Corporate [2021] ZAGPJHC 711

South African Women in Mining Investment Holdings (Pty) Ltd v Molobye and Others (3445/2019)

South African Women in Mining Investment Holdings (Pty) Ltd v Molobye and Others (3445/2019) [2021] ZAGPJHC 711 (21 June 2021)

The court ordered release of escrow funds after finding SAWIMIH substantially complied with settlement conditions, including an AGM, verification report, roadshows, and vouchers.

  • Escrow Agreement
  • Settlement Agreement Enforcement
  • Company Meeting Validity
  • Shareholder Verification
  • Condonation For Delay
  • Escrow-agreement
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Commercial And Corporate [2010] ZAGPPHC 264

Bellingan Ingenieurs Ontwikkeling (Pty) Ltd v Saab Grintex Defence (Pty) Ltd And Another (49822/09)

Bellingan Ingenieurs Ontwikkeling (Pty) Ltd v Saab Grintex Defence (Pty) Ltd And Another (49822/09) [2010] ZAGPPHC 264 (1 June 2010)

The High Court dismissed an application to have a dispute heard by interpleader proceedings, holding that the escrow and cooperation agreements required arbitration.

  • Arbitration Clause Interpretation
  • Interpleader Proceedings
  • Contractual Jurisdiction
  • Escrow Agreement
  • Declaratory Relief
  • Arbitration-clause-interpretation
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Commercial And Corporate [2004] ZAECHC 12

Klerck v SA Metal and Machinery (Pty) Ltd and Others (7/2003)

Klerck v SA Metal and Machinery (Pty) Ltd and Others (7/2003) [2004] ZAECHC 12; [2009] 4 All SA 344 (E) (23 April 2004)

Full Bench appeal on escrow funds: the court found an undisclosed agency relationship, but held the Mozambican proceedings were not finally concluded.

  • Escrow Agreement
  • Agency Undisclosed Principal
  • Contractual Interpretation
  • Final And Unappealable Judgment
  • Specific Performance
  • Costs Order
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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.