South Africa Case Law

Van Der Walt and Another v RZT Zelppy 4230 (Pty) Ltd and Others (2033/2021)

Van Der Walt and Another v RZT Zelppy 4230 (Pty) Ltd and Others (2033/2021) [2024] ZALMPPHC 8 (30 January 2024)

Court

Limpopo High Court, Polokwane

Case number

2033/2021

Judge

Sikhwari

The court found that there are several material disputes of fact regarding the sale of the immovable property and the authority of the trustees involved. The disputes concern the validity of the resolution authorising the sale, the effect of a trustee's resignation, and the existence of missing documents and deceased witnesses. These disputes are genuine and cannot be resolved on affidavit alone. The court held that referral to trial is necessary to ensure a full and fair adjudication of all issues, as the scope of trial allows for discovery, reconstruction of missing documents, and calling o…

Source excerpt

• Dispute Of Fact
• Ownership Of Shares
• Ownership Of Immovable Property
• Referral To Trial
• Trustee Authority

Sheriff, Bloemfontein East v Lategan and Another (1105/2019)

Sheriff, Bloemfontein East v Lategan and Another (1105/2019) [2024] ZAFSHC 11 (25 January 2024)

Court

Free State High Court, Bloemfontein

Case number

1105/2019

Judge

J J F Hefer

The court upheld the sheriff’s claim to attached shares, found the trust failed to prove ownership, and ordered attorney-and-client costs.

• Interpleader Proceedings
• Ownership Of Shares
• Burden Of Proof
• Donation Of Shares
• Interpleader-proceedings
• Ownership-of-shares

Simmonds NO v Essafrau and Others; In Re: Brankin v Essafrau and Others (934/2017)

Simmonds NO v Essafrau and Others; In Re: Brankin v Essafrau and Others (934/2017) [2018] ZASCA 113 (14 September 2018)

Court

Supreme Court of Appeal

Case number

934/2017

Judges

Ponnan, Tshiqi, Swain, Mothle, Nicholls

The appeal was dismissed because the appellant failed to establish, on the affidavits, that the deceased lawfully acquired ownership of the shares in Burchells Bush Lodge Shareblock Limited. The founding affidavit contained contradictory statements regarding the manner of acquisition, and the respondents' answering affidavit compounded the confusion with inconsistent admissions and denials. The central legal issue of ownership could not be resolved on the papers, as the facts were not common cause and the probabilities could not be considered in motion proceedings. The requirements for final…

Source excerpt

• Vindication Of Shares
• Ownership Of Shares
• Motion Proceedings
• Contradictory Affidavit Evidence
• Pledge Of Shares

Monkam v Monkam Holdings (Pty) Ltd and Others (39736/09)

Monkam v Monkam Holdings (Pty) Ltd and Others (39736/09) [2010] ZAGPPHC 120 (22 September 2010)

Court

North Gauteng High Court, Pretoria

Case number

39736/09

Judge

Tolmay

High Court dismissed an application to set aside share transfers and declare share ownership, holding it conflicted with a pending arbitration review and involved disputed facts.

• Arbitration Award Review
• Abuse Of Process
• Joinder Of Parties
• Ownership Of Shares
• Arbitration-review
• Abuse-of-process