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South Africa decisions
Decisions matching the current search
Mthatha Mall (Pty) Ltd v Tititi Boutique (Pty) Ltd (In Liquidation) (521/2020) [2020] ZAECGHC 75 (30 June 2020)
The court suspended an eviction application against a company in liquidation because no liquidator had been appointed and statutory notice could not yet be given.
Etana Insurance Company (Ltd) v Keren Kula Construction (Pty)LTD (62067/2013) [2016] ZAGPPHC 502 (27 May 2016)
The court held that the plaintiff had not abandoned its action against the liquidated company and granted leave to proceed after a notice dispute.
Brandkor Beleggings (Edms) Bpk v Emerald Sky Trading 157 (Edms) Bpk en Anders (72272/2012) [2013] ZAGPPHC 133 (31 May 2013)
The application is barred by section 359(2) of the Companies Act 61 of 1973 because the applicant failed to give the required written notice to the liquidators before proceeding. The relevant date for the commencement of liquidation is the date the application was presented to the court, not the date the order was granted. The court order of 3 June 2011 granted the applicant only a personal right to claim transfer of the property, not a real right. The property therefore remained part of the insolvent estate and subject to the concursus creditorum. Even if the application were not barred proc…
Source excerpt
Bouwer v Cassim NO and Another (30767/2005) [2006] ZAGPHC 232 (21 August 2006)
The High Court upheld an exception because the plaintiff did not allege compliance with section 359(2) of the Companies Act in a liquidation-related claim.
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