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Cowan and Others v Norton and Others (2024/090281) [2025] ZAGPJHC 358 (25 March 2025)
The court dismissed an application over PAC’s shareholding dispute, holding FPS was not a shareholder and had no voting rights to block director changes.
Sandell v Gonzalez and Others (18740/2020) [2021] ZAWCHC 282 (17 May 2021)
Applying the Plascon-Evans rule, the court found that the respondents’ version must be accepted in the absence of referral to oral evidence. The only written record of share distribution was the 2019 shareholding agreement, signed by all parties, which constituted the issuance of shares as envisaged by the Companies Act. The applicant failed to seek relief to set aside or rectify the shareholding agreement or the securities register. The documentation relied upon by the applicant predated the shareholding agreement and did not override its terms. The applicant did not establish a basis for re…
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