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South Africa Case Law

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Civil Procedure [2022] ZAECMKHC 66

Charlene Goodman (Pty) Limited and Another v The Acting Sheriff for the District of East London and Others (3009/2021)

Charlene Goodman (Pty) Limited and Another v The Acting Sheriff for the District of East London and Others (3009/2021) [2022] ZAECMKHC 66 (27 September 2022)

Court
Eastern Cape High Court, Makhanda
Case number
3009/2021
Judge
Smith

The High Court set aside a writ of execution and notice of attachment for lack of authority, dismissed an intervention bid, and awarded attorney-and-client costs.

  • Authority Of Director
  • Setting Aside Writ Of Execution
  • Joinder Application
  • Fraudulent Resolution
  • Setting-aside-writ-of-execution
  • Company-authority
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Commercial And Corporate [2021] ZAGPJHC 681

Communication Specialists (Pty) Ltd v Nyembe and Another (30354/2019; A136/2019)

Communication Specialists (Pty) Ltd v Nyembe and Another (30354/2019; A136/2019) [2021] ZAGPJHC 681 (10 November 2021)

Court
South Gauteng High Court, Johannesburg
Case number
30354/2019; A136/2019
Judges
Makume, Molahlehi, Madiba

The High Court upheld an appeal, set aside a board resolution passed on 29 May 2014, and ordered repayment after finding the resolution invalid and fraudulent.

  • Director Fiduciary Duties
  • Fraudulent Resolution
  • Company Act Section 75 And 76
  • Restitution
  • Conflict Of Interest
  • Board Resolution Nullification
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Civil Procedure [2021] ZAGPPHC 459

Paradise Creek Investments 34 (Pty) Ltd v Mjejane Farm Management (Pty) Ltd (22790/2021)

Paradise Creek Investments 34 (Pty) Ltd v Mjejane Farm Management (Pty) Ltd (22790/2021) [2021] ZAGPPHC 459 (1 July 2021)

Court
North Gauteng High Court, Pretoria
Case number
22790/2021
Judge
Davis

The High Court refused leave to appeal against an order setting aside a liquidation, holding the process was tainted by an unlawful, clandestine shareholder resolution.

  • Leave To Appeal
  • Company Liquidation
  • Fraudulent Resolution
  • Non Joinder
  • Creditor Wishes
  • Leave-to-appeal
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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.