South Africa Case Law

SA Madiba (Pty) Ltd and Another v Finrite Administration (Pty) Ltd and Others (A5029/2022)

SA Madiba (Pty) Ltd and Another v Finrite Administration (Pty) Ltd and Others (A5029/2022) [2023] ZAGPJHC 716 (15 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5029/2022

Judges

Mudau, Keightley, Farber

The appeal court found that the court of first instance failed to properly consider material factual disputes in both applications. The existence of real disputes of fact regarding the alleged misrepresentation and the conclusion of the oral agreement meant that the matters could not be resolved on motion proceedings. The applicants proceeded by way of application despite clear disputes, and did not seek referral to oral evidence or trial. The appeal court held that the findings of fraud and delinquency were unsustainable on the papers, and that the applications should have been dismissed wit…

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• Shareholder Disputes
• Misrepresentation
• Delinquent Director
• Motion Proceedings
• Oral Agreement
• Pre Emption Rights

Aarifah Security Services CC v Jakoita Properties (Pty) Ltd and Others (12994/18)

Aarifah Security Services CC v Jakoita Properties (Pty) Ltd and Others (12994/18) [2020] ZAGPJHC 222; [2020] 4 All SA 730 (GJ); 2021 (5) SA 207 (GJ) (21 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

12994/18

Judge

Snyckers

The High Court held that Aarifah did not validly exercise its pre-emption right under a lease clause, because the communications and later offer did not meet the required formalities or timing.

• Pre Emption Rights
• Alienation Of Land Act
• Formalities Of Sale
• Specific Performance
• Contractual Interpretation
• Pre-emption-rights

Phokwane Municipality v Triple Seven Commercial Holdings CC and Another (1347/2014)

Phokwane Municipality v Triple Seven Commercial Holdings CC and Another (1347/2014) [2016] ZANCHC 32; [2016] 4 All SA 606 (NCK) (9 September 2016)

Court

Northern Cape High Court, Kimberley

Case number

1347/2014

Judge

Phatshoane

The court found that Triple Seven Commercial Holdings CC and Mr Karel Erasmus Albertse breached the amended Clauses 15(1) and 16 of the Deed of Sale and Condition 'C' of the Deed of Transfer by failing to establish the required development on the property within the stipulated period. The establishment of a prickly pear orchard on a small portion of the land did not constitute compliance with the contractual obligations, and the subsequent destruction of the orchard further undermined any claim of compliance. The municipality's right of pre-emption was not extinguished by prescription, as the…

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• Pre Emption Rights
• Alienation Of Land Act
• Municipal Successor Liability
• Specific Performance
• Prescription Act
• Breach Of Contract

Marung Investment Ltd v London Clubs International (Overseas) Investments (Pty) Ltd and Others (2011/11210)

Marung Investment Ltd v London Clubs International (Overseas) Investments (Pty) Ltd and Others (2011/11210) [2013] ZAGPJHC 22 (13 February 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2011/11210

Judge

FHD Van Oosten

The High Court upheld a special plea and referred a shareholders’ dispute to arbitration under the parties’ agreement, awarding costs against the plaintiff.

• Arbitration Clause Enforcement
• Shareholders Agreement
• Pre Emption Rights
• Stay Of Proceedings
• Specific Performance
• Arbitration

Lonrho Mining SA (Pty) Ltd v Theta Mining (Pty) Ltd and Others (1481/2010)

Lonrho Mining SA (Pty) Ltd v Theta Mining (Pty) Ltd and Others (1481/2010) [2010] ZANCHC 57 (27 September 2010)

Court

Northern Cape High Court, Kimberley

Case number

1481/2010

Judge

HJ Lacock

The court dismissed an urgent application to stay arbitration pending an action, finding the second applicant lacked locus standi and the matter was not urgent.

• Stay Of Arbitration
• Locus Standi
• Shareholders Agreement
• Pre Emption Rights
• Rectification Of Share Register
• Urgency In Applications