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South Africa Case Law

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Commercial And Corporate [2015] ZAGPPHC 1144

Smyth and Others v Investec Bank Ltd and Another, In re: Standard Bank Nominees (TVL) Pty Ltd and Others (19269/2011)

Smyth and Others v Investec Bank Ltd and Another, In re: Standard Bank Nominees (TVL) Pty Ltd and Others (19269/2011) [2015] ZAGPPHC 1144; 2016 (4) SA 363 (GP) (17 September 2015)

Court
North Gauteng High Court, Pretoria
Case number
19269/2011
Judge
C.P. Rabie

The High Court held that only registered members have standing under section 252 of the Companies Act, not beneficial owners whose shares are held by nominees.

  • Locus Standi
  • Minority Shareholder Remedy
  • Section 252 Companies Act
  • Nominee Shareholding
  • Intervention Application
  • Locus-standi
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Civil Procedure [2014] ZAGPPHC 796

Moosa N.O. and Others v Moosa and Others (A146/13)

Moosa N.O. and Others v Moosa and Others (A146/13) [2014] ZAGPPHC 796 (18 September 2014)

Court
North Gauteng High Court, Pretoria
Case number
A146/13
Judges
P.M. Mabuse, Windell, M.W. Msimeki

Appeal upheld: the High Court found jurisdiction under section 19(1)(b) and set aside the order upholding the First Defendant’s special plea.

  • Jurisdiction Of High Court
  • Rectification Of Share Register
  • Nominee Shareholding
  • Joinder Of Parties
  • Jurisdiction
  • Share-register-rectification
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Admiralty And Maritime [2013] ZAKZDHC 7

Siino West Shipping Co Ltd v NYK- Hinode Line Ltd (A56/2012)

Siino West Shipping Co Ltd v NYK- Hinode Line Ltd (A56/2012) [2013] ZAKZDHC 7 (8 March 2013)

Court
Kwazulu-Natal High Court, Durban
Case number
A56/2012
Judge
Madondo

The court dismissed an application to set aside the arrest of MV Sino West, finding it was an associated ship of MV Asian Forest under South African admiralty law.

  • Associated Ship Arrest
  • Admiralty Jurisdiction Regulation Act
  • Company Control
  • Nominee Shareholding
  • Burden Of Proof
  • Piercing Corporate Veil
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Commercial And Corporate [2003] ZAWCHC 7

Francis v Sharp and Others (8477/01)

Francis v Sharp and Others (8477/01) [2003] ZAWCHC 7; [2003] 2 All SA 201 (C); 2004 (3) SA 230 (C) (6 March 2003)

Court
Western Cape High Court, Cape Town
Case number
8477/01
Judges
HJ Erasmus, Van Zyl

The court dismissed exceptions to particulars of claim in a dispute over an oral joint venture/shareholders’ agreement, finding the pleaded case sufficiently clear.

  • Shareholders Agreement
  • Nominee Shareholding
  • Breach Of Contract
  • Exception Procedure
  • Oral Agreement
  • Damages
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.