Tolhof General Dealer (Pty) Ltd v Coalition Trading 790 (Pty) Ltd (4906/2024) [2025] ZAWCHC 45 (12 February 2025)
Court
Western Cape High Court, Cape Town
Case number
4906/2024
Judge
N.E. Ralarala
The court upheld a Rule 7 objection, struck out new matter in reply, and held that the applicant lacked authority to litigate after its sole shareholder-director died.
Sable Hills Waterfront Estate Homeowners Association (NPC) and Others v Companies and Intellectual Properties Commission and Others (053716/2024) [2025] ZAGPPHC 110 (29 January 2025)
Court
North Gauteng High Court, Pretoria
Case number
053716/2024
Judge
N Davis
High Court set aside an AGM resolution expanding a homeowners association board and the resulting director appointments for lack of prior notice.
Besso Investments (Pty) Ltd and Others v Capeco Development (Pty) Ltd and Others (3812/2024) [2024] ZAECQBHC 74; [2025] 1 All SA 622 (ECP) (28 November 2024)
Court
Eastern Cape High Court, Gqeberha
Case number
3812/2024
Judge
Potgieter
The court found that the applicants, as shareholders, were entitled to demand a shareholders' meeting for the purpose of considering the removal of directors under section 61(3) of the Companies Act. The memorandum of incorporation did not empower shareholders to call the meeting themselves; only the board could do so. The respondents' insistence on receiving detailed reasons or grounds for their removal was rejected, as the Act does not require shareholders to provide such reasons when seeking to remove directors. The court distinguished Timcke, holding that the correct position is reflected…
Mkhize and Others v Kwandile Resources (Pty) Ltd (2023/005460) [2024] ZAGPJHC 1013 (7 October 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/005460
Judge
Nico van der Walt
The court found that the directors' terms were not automatically limited by the amendment to the memorandum of incorporation; a further positive step by shareholders was required to remove or appoint directors. The directors who signed the round-robin resolution were validly appointed at the relevant time. The institution of the main application did not require a special resolution by shareholders, as the risk or exposure contemplated by the memorandum was not established on the facts. The round-robin resolution was validly adopted by a majority of eligible directors, excluding Mr Mkhize due…
Ramphele v Frontline Africa Investments (Pty) Limited and Others (2018/46462) [2019] ZAGPPHC 80 (15 March 2019)
Court
North Gauteng High Court, Pretoria
Case number
2018/46462
Judge
LR Adams
The court ordered transfer of 40 shares to the applicant as sole heir, finding no proven sale agreement and no bar from the company’s share-transfer clause.
