South Africa Case Law

Elarduspark Shopping Centre Share Block (Pty) Ltd v GHG Specialised Engineering Solutions (Pty) Ltd t/a Debonairs and Another (38864/2019)

Elarduspark Shopping Centre Share Block (Pty) Ltd v GHG Specialised Engineering Solutions (Pty) Ltd t/a Debonairs and Another (38864/2019) [2020] ZAGPPHC 255 (11 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

38864/2019

Judge

GW Girdwood

The court found that the applicant was properly authorised to institute proceedings, as ratification was provided in the replying affidavit. The respondents' challenge to authority was dismissed, and the point in limine failed. The lease agreement was validly cancelled due to the first respondent's material breach in failing to pay rental when due. The mental incapacity of the sole director of the first respondent was irrelevant to the validity of the lease cancellation, as the obligations of the corporate entity remained unaffected. Payment of arrears after termination did not revive the lea…

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• Lease Cancellation
• Ejectment
• Authority To Institute Proceedings
• Ratification Of Authority

Sibuya Game Reserve & Lodge (Pty) Ltd and Others v Cook and Others (4512/14)

Sibuya Game Reserve & Lodge (Pty) Ltd and Others v Cook and Others (4512/14) [2014] ZAECGHC 110 (11 December 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

4512/14

Judge

RWN Brooks

The court dismissed an urgent application because the applicants failed to prove authority to institute proceedings or valid ratification in reply.

• Authority To Institute Proceedings
• Interim Interdict
• Point In Limine
• Ratification Of Authority
• Civil-procedure
• Authority-to-institute-proceedings

Barloworld Logistics Africa (Pty) Ltd v Silvertron 481 CC and Others (48248/2010)

Barloworld Logistics Africa (Pty) Ltd v Silvertron 481 CC and Others (48248/2010) [2013] ZAGPPHC 198 (15 July 2013)

Court

North Gauteng High Court, Pretoria

Case number

48248/2010

Judge

N Y Khumalo

The applicant's failure to plead locus standi in the founding affidavit was a serious procedural defect, but the court exercised its discretion to allow the defect to be cured by ratification and further affidavits, as no prejudice was suffered by the respondent. The applicant established that it had acquired ZATRANS and was entitled to sue for the debt. The evidence showed that the applicant was always aware it was dealing with a close corporation, and the necessary disclosures regarding the first respondent's name and registration number were made. Therefore, there was no breach of section…

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• Close Corporation Liability
• Locus Standi
• Personal Liability Of Members
• Misjoinder And Nonjoinder
• Ratification Of Authority

Basson v On-Point Engineers (Pty) Ltd and Others (64107/11)

Basson v On-Point Engineers (Pty) Ltd and Others (64107/11) [2012] ZAGPPHC 251 (7 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

64107/11

Judge

Potterill

The court found that the applicants, as third parties, were entitled under section 26(2) of the Companies Act, 71 of 2008, to inspect and make copies of the securities registers of the respondent profit companies upon payment of the prescribed fee. The initial lack of authority by the first applicant to act for the second applicant was ratified ex post facto, rendering the proceedings valid. The technical defects in the commissioning of affidavits were not fatal, as there was substantial compliance with the relevant regulations. The respondents' argument that only the register of directors co…

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• Companies Act 71 Of 2008
• Access To Company Records
• Securities Register
• Ratification Of Authority
• Constitutional Right Of Access To Information
• Costs Order