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South Africa Case Law

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Commercial And Corporate [2024] ZAECELLC 15

Algoalex (Pty) Ltd t/a Depot Gonubie v Gower and Others (1251/2023)

Algoalex (Pty) Ltd t/a Depot Gonubie v Gower and Others (1251/2023) [2024] ZAECELLC 15 (7 May 2024)

The court found that the applicant had established, on a balance of probabilities, that the first respondent remained employed by the applicant throughout the relevant period, as evidenced by payslips, continued salary payments, and the signed employment contract. The respondent’s version regarding the contract was inconsistent and untenable. No evidence was presented to support the existence of a tacit contract between the first respondent and the third respondent. The restraint of trade agreement was valid and enforceable, as it applied to all employees regardless of position. The responden…

  • Restraint Of Trade
  • Employment Contract
  • Joinder Of Parties
  • Tacit Contract
  • Lifting Of Corporate Veil
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Commercial And Corporate [2022] ZAGPJHC 19

IG Chem (Pty) Ltd and Another v Makoya Investments Zambia Limited (29879/2016)

IG Chem (Pty) Ltd and Another v Makoya Investments Zambia Limited (29879/2016) [2022] ZAGPJHC 19 (19 January 2022)

The court found that the plaintiffs had established, through oral and documentary evidence, that the defendants engaged in unconscionable abuse of the juristic personalities of the first and second defendants. The first defendant never traded, had no financial records, and was used as a device to conceal assets and funds, all of which flowed through the second defendant. The evidence refuted the defendants' denial of Mr Venter's sole shareholding and demonstrated fraudulent attempts to backdate share certificates. The court held that the requirements for lifting the corporate veil under secti…

  • Lifting Of Corporate Veil
  • Unconscionable Abuse Of Juristic Personality
  • Declaratory Relief
  • Prescription
  • Shareholding Dispute
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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.