Feni v Gxothiwe and Another (2369/2013)
Feni v Gxothiwe and Another (2369/2013) [2013] ZAECGHC 109; 2014 (1) SA 594 (ECG) (7 November 2013)
The court found that the first respondent's conduct was grossly oppressive, unjust, and inequitable to the applicant, including exclusion from management, unauthorised withdrawals, donation of assets, and placing the applicant's property at risk. The applicant established a case for relief under section 49 of the Close Corporations Act. Although the applicant did not provide evidence of the fair value of the first respondent's member's interest, this was due to the respondent's oppressive conduct, which denied her access to necessary information. The court held that it would be unjust to deny…
Source excerpt
- Close Corporation Member Removal
- Oppressive Conduct
- Fair Value Determination
- Management Divestment