Hlatswayo N.O. and Others v Silver Falcon Trading 99 (Pty) Ltd and Others (5047/13)
Hlatswayo N.O. and Others v Silver Falcon Trading 99 (Pty) Ltd and Others (5047/13) [2015] ZAKZDHC 28 (25 March 2015)
The court found that the applicants' amended relief for a money judgment was not supported by the founding affidavit and amounted to trial by ambush, prejudicing the respondents who had prepared their case based on the original relief sought. The court held that the applicants could not drastically change their relief shortly before the hearing. Regarding the counter-application, the court determined that the first respondent was in substance a partnership and that the relationship between the shareholders had irretrievably broken down, evidenced by years of litigation, criminal complaints, a…
Source excerpt
- Just And Equitable Winding Up
- Shareholder Deadlock
- Partnership In Private Company
- Settlement Agreement Enforcement
- Mortgage Bond Liability