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South Africa decisions
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Sehloho and Others v Massbuild Proprietary Liminted (2018/35644) [2024] ZAGPJHC 60 (26 January 2024)
The High Court dismissed three applications for leave to appeal against a damages judgment, finding no reasonable prospects of success under section 17.
Obsidian Health (Pty) Limited v Makhuvha and Another (33905/2019) [2019] ZAGPJHC 395 (25 October 2019)
The court found that the 2019 employment contract relied upon by the applicant had lapsed due to the non-fulfilment of a suspensive condition in clause 14, and was therefore unenforceable. The applicant's attempt to rely on ratification was not pleaded in the founding affidavit and was legally insufficient. Even if the contract were valid, the applicant failed to establish a proprietary interest worthy of protection, as its distribution agreement with Terumo had expired, its products were not registered, and any alleged confidential information was either public or irrelevant. The applicant's…
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Flaming Silver Trading 373 (Pty) Ltd v Vantage Goldfields SA (Pty) Ltd and Others (858/2019) [2019] ZAMPMBHC 17; [2019] ZAMPMBHC 7 (18 October 2019)
The court found that the purported ratification of the fourth addendum by Flaming Silver’s board was invalid because the meeting was not properly constituted in terms of section 73(4)(b) of the Companies Act. Notice of the meeting was not given to all directors, specifically Mr. Dippenaar, and the resolution was backdated and signed without proper procedure. As a result, the fourth addendum was not lawfully entered into, and the principal agreement lapsed due to non-fulfilment of the suspensive condition in clause 3.1.3. The applicant was not entitled to specific performance. The court also h…
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Simcha Properties 6 CC v San Marcus Properties (Pty) Ltd (256/09) [2010] ZASCA 54; [2011] 1 All SA 287 (SCA) (31 March 2010)
The court held that the director of the respondent company was properly authorised to conclude the reinstatement agreement by virtue of resolutions passed by the sole shareholder in June and October 2007. These resolutions explicitly empowered the director to dispose of the company's sole asset and to sign all necessary documents to give effect to the transaction. The principle of unanimous assent applied, given that the company had only one shareholder, making formal meetings unnecessary. The reinstatement agreement was not a new transaction but a continuation of the original sale, and the e…
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Walljee and Another v Botto and Another (A5044/08) [2009] ZAGPJHC 36 (7 August 2009)
The High Court held that a sale of immovable property concluded without a spouse’s written consent became valid after later written ratification under the Matrimonial Property Act.
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