South Africa Case Law

Bavasah v Stirton and Another (A342/12)

Bavasah v Stirton and Another (A342/12) [2014] ZAWCHC 12; [2014] 2 All SA 51 (WCC) (12 February 2014)

Court

Western Cape High Court, Cape Town

Case number

A342/12

Judges

N P Boqwana, R Henney

The Court found that the agreement of 27 May 2008 was void due to a common mistake shared by both parties regarding the issuance and ownership of shares. The formalities required by the Companies Act and the company's Articles, including the passing of a special resolution and entry into the register of members, were not complied with. The doctrine of unanimous assent could not rescue the appellant, as special resolutions cannot be informally obtained. The evidence showed that neither party was fully aware of the actual share allocation, and the changes made by Koster were not communicated to…

Source excerpt

• Share Allotment And Issue
• Company Articles And Resolutions
• Common Mistake
• Contract Voidness
• Loan Account Repayment

Du Toit v Bredenkamp and Another (42609/11)

Du Toit v Bredenkamp and Another (42609/11) [2013] ZAGPJHC 21 (13 February 2013)

Court

South Gauteng High Court, Johannesburg

Case number

42609/11

Judge

FHD Van Oosten

High Court contract dispute over a loan-account clause and a deeming provision. The court held the reconciliation was sufficient confirmation and granted absolution from the instance.

• Contract Interpretation
• Loan Account Repayment
• Absolution From The Instance
• Contract-interpretation
• Loan-account-repayment
• Absolution-from-the-instance

Panayiotou v Full Swing Trading 357 CC (30929/2008)

Panayiotou v Full Swing Trading 357 CC (30929/2008) [2009] ZAGPJHC 104 (6 March 2009)

Court

South Gauteng High Court, Johannesburg

Case number

30929/2008

Judge

Meyer

The applicant was not entitled to demand repayment of his initial capital contribution, as no resolution had been passed by the members authorizing such repayment, in accordance with the association agreement. The statutory demand related to a debt that was not due and payable, and the respondent discharged the onus of showing that the indebtedness was bona fide disputed on reasonable grounds. The respondent was able to meet its debts in the ordinary course of business, and the applicant failed to establish that it was just and equitable to wind up the corporation. The grounds of minority opp…

Source excerpt

• Close Corporation Act
• Winding Up
• Just And Equitable Ground
• Minority Oppression
• Loan Account Repayment