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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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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.

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