South Africa Case Law

Swarts and Others v Hart and Others (EL791/2018)

Swarts and Others v Hart and Others (EL791/2018) [2019] ZAECELLC 19 (3 September 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL791/2018

Judge

J.E Smith

The court found that the applicants failed to establish any of the grounds for cessation of membership under section 36 of the Close Corporations Act. The main dispute regarding nominee shareholding had already been decided against the applicants in a previous judgment, and the remaining issues were management disagreements that could be resolved through the Association and Operational Agreements. Hart's insistence on strict compliance with these agreements was justified, and his conduct did not meet the threshold for removal. The application for referral to oral evidence was also dismissed a…

Source excerpt

• Close Corporations Act Section 36
• Cessation Of Membership
• Just And Equitable Removal
• Corporate Governance
• Shareholder Disputes

'Tlam and Others v Tladi and Another (11384/2015)

'Tlam and Others v Tladi and Another (11384/2015) [2016] ZAGPPHC 339 (1 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

11384/2015

Judge

NP Mali

The court dismissed an application to remove a close corporation member because the applicants failed to place sufficient evidence before court on fair value and compensation.

• Close Corporations Act
• Removal Of Member
• Valuation Of Members Interest
• Just And Equitable Removal
• Close-corporations-act
• Removal-of-member

L v L and Others (917/2014)

L v L and Others (917/2014) [2014] ZAFSHC 203 (6 November 2014)

Court

Free State High Court, Bloemfontein

Case number

917/2014

Judge

N.M. MBHELE

The court barred a member from selling her close-corporation interest without consent, removed her as a member, and ordered a fair valuation and buyout.

• Close Corporation Membership
• Fiduciary Duties
• Interdict
• Valuation Of Member Interest
• Just And Equitable Removal
• Close-corporation-membership

Godfrey and Others v Jaftha and Another (EL 80/2008, ECD 180/2008)

Godfrey and Others v Jaftha and Another (EL 80/2008, ECD 180/2008) [2008] ZAECHC 78 (12 June 2008)

Court

High Courts - Eastern Cape

Case number

EL 80/2008, ECD 180/2008

Judge

Revelas

Application to remove a member from a close corporation failed because the court could not determine the financial consequences without a proper valuation.

• Close Corporation Membership
• Just And Equitable Removal
• Valuation Of Member Interest
• Close-corporation-membership
• Member-removal
• Valuation-of-member-interest