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South Africa Case Law

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Commercial And Corporate [2013] ZASCA 35

Mashike and Ross NNO and Another v Senwesbel Ltd (253/2012)

Mashike and Ross NNO and Another v Senwesbel Ltd (253/2012) [2013] ZASCA 35; [2013] 3 All SA 20 (SCA) (28 March 2013)

Court
Supreme Court of Appeal
Case number
253/2012
Judges
Ponnan, Maya, Malan, Petse, Plasket

The SCA held that, even assuming unlawful financial assistance, the share sale and finance arrangements were severable. The appeal failed for non-joinder and lack of basis to refer evidence.

  • Financial Assistance For Share Purchase
  • Companies Act Section 38
  • Joinder Of Parties
  • Invalidity Of Share Transactions
  • Rectification Of Share Register
  • Financial-assistance
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Commercial And Corporate [2011] ZASCA 97

Absa Bank Ltd v Kernsig 17 (Pty) Ltd (386/2010)

Absa Bank Ltd v Kernsig 17 (Pty) Ltd (386/2010) [2011] ZASCA 97; 2011 (4) SA 492 (SCA); [2011] 4 All SA 113 (SCA) (31 May 2011)

Court
Supreme Court of Appeal
Case number
386/2010
Judges
Cloete, Cachalia, Shongwe, Majiedt, Seriti

The SCA held that a section 38 Companies Act challenge to a loan was not properly pleaded or factually supported, so the appeal succeeded.

  • Company Law
  • Section 38 Companies Act
  • Mortgage Bonds
  • Financial Assistance For Share Purchase
  • Company-law
  • Section-38-companies-act
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Civil Procedure [2010] ZAWCHC 427

Nebdank v Minnaar en Ander (9512/2010)

Nebdank v Minnaar en Ander (9512/2010) [2010] ZAWCHC 427 (25 June 2010)

Court
Western Cape High Court, Cape Town
Case number
9512/2010
Judge
Davis

The High Court granted summary judgment to Nedbank, rejecting defences based on alleged unlawful financial assistance and lis pendens.

  • Summary Judgment
  • Overdraft Facility
  • Financial Assistance For Share Purchase
  • Lis Pendens
  • Companies Act Section 38
  • Summary-judgment
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Commercial And Corporate [1986] ZASCA 129

Gray and Others v Thesing Vastgoed BV and Others (267/85/av)

Gray and Others v Thesing Vastgoed BV and Others (267/85/av) [1986] ZASCA 129; [1987] 1 All SA 409 (A) (21 November 1986)

Court
Supreme Court of Appeal
Case number
267/85/av
Judges
Corbett, Grosskopf, Smalberger, Nicholas, Nestadt

The Appellate Division held that the share-sale and lease arrangement did not amount to prohibited financial assistance by the company under section 38(1).

  • Companies Act Section 38
  • Financial Assistance For Share Purchase
  • Sale Of Shares
  • Invalidity Of Contract
  • Director Remuneration
  • Financial-assistance-for-share-purchase
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Commercial And Corporate [1984] ZASCA 124

Schoemaker v Lochner and Another (158/84)

Schoemaker v Lochner and Another (158/84) [1984] ZASCA 124 (1 November 1984)

Court
Supreme Court of Appeal
Case number
158/84
Judges
Kotze, Miller, Van Heerden, Galgut, Smalberger

The Appellate Division held that a blank in a share-sale contract did not void the agreement and rejected a section 38(1) Companies Act illegality defence.

  • Contract Construction
  • Essentialia Of Contract
  • Financial Assistance For Share Purchase
  • Companies Act Section 38
  • Specific Performance
  • Contract-construction
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.