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South Africa decisions
Decisions matching the current search
Van der Merwe v Chicken Manor (2836/2020) [2021] ZAFSHC 14 (28 January 2021)
The court granted a final liquidation order against Chicken Manor, holding it commercially insolvent and dismissing the trustees’ joinder-based opposition.
Neuchtern v Connoway and Another (63867/2015) [2016] ZAGPPHC 1231 (15 November 2016)
The court found that the requirements for lis pendens were satisfied: there is pending litigation between the same parties, based on the same cause of action, and concerning the same subject matter—the sale and division of the immovable property. The applicant's application for specific performance is essentially a request for the first respondent's cooperation in a process already subject to pending litigation. The court held that there was no justification for duplicating proceedings and that the applicant's concerns about delay or abuse of process could be addressed within the existing lit…
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Jacobus and Others v Van der Merwe and Others (27801/14) [2016] ZAGPJHC 283 (30 August 2016)
The court found that the applicants failed to demonstrate that the liquidation order was erroneously sought or granted. The applicants did not provide a bona fide defence to the liquidation, nor did they dispute the existence of a deadlock between members or the inability of the close corporation to pay its debts. The application for rescission was not brought within a reasonable time, and the applicants' conduct, including their disappearance and failure to file a replying affidavit, indicated a lack of bona fides. The court held that the requirements for rescission under Rule 42 were not me…
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Botha NO and Another v Loggenberg NO and Another (1892/2010) [2010] ZAFSHC 153 (2 December 2010)
The court found the family trust liable for a loan debt to a liquidated close corporation and rejected defences of prescription, repayment, and set-off.
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