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South Africa Case Law

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Land And Property [2015] ZAGPPHC 1155

Shell SA Marketing v H L Hall & Sons and Others (89496/2014)

Shell SA Marketing v H L Hall & Sons and Others (89496/2014) [2015] ZAGPPHC 1155 (2 November 2015)

The High Court dismissed leave to appeal after holding that the lessor’s notice under a pre-emptive lease clause had to disclose all identical terms and conditions of the proposed sale.

  • Preemptive Rights
  • Contractual Interpretation
  • Lease Agreement
  • Sale Of Property
  • Preemptive-rights
  • Contractual-interpretation
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Land And Property [2012] ZAGPJHC 266

Denver Auto Body Repairers CC v Stand 637 Isando CC and Others (35238/12)

Denver Auto Body Repairers CC v Stand 637 Isando CC and Others (35238/12) [2012] ZAGPJHC 266 (18 October 2012)

The High Court dismissed an application to enforce a right of first refusal over immovable property, finding no valid acceptance and no valid exercise through another company.

  • Right Of First Refusal
  • Preemptive Rights
  • Sale Of Immovable Property
  • Corporate Personality
  • Right-of-first-refusal
  • Preemptive-rights
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Commercial And Corporate [2011] ZAGPJHC 12

Mogale Alloys (Pty) Ltd v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (2008/13094)

Mogale Alloys (Pty) Ltd v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (2008/13094) [2011] ZAGPJHC 12; 2011 (6) SA 96 (GSJ) (11 March 2011)

High Court held ministerial consent was required for the share sale, the suspensive conditions failed, and Mogale’s claims for specific performance and repayment were dismissed.

  • Specific Performance
  • Suspensive Conditions
  • Ministerial Approval
  • Preemptive Rights
  • Share Transfer
  • Fictional Fulfilment
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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.