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South Africa decisions
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Du Plessis and Others v Majiedt N.O and Others (3059/2021) [2023] ZAFSHC 329 (8 August 2023)
The High Court granted leave to appeal on whether a discharged provisional sequestration order restored locus standi and on the validity of a lease tied to a bonded farm.
Firm-O-Seal CC v Prinsloo & Van Eeden Inc and Another (483/22) [2023] ZASCA 107; 2024 (6) SA 52 (SCA) (27 June 2023)
The Supreme Court of Appeal held that the high court misconstrued the enquiry by focusing solely on voidness under section 137(4) of the Companies Act. The correct approach is to determine whether the claims asserted required the approval of the business rescue practitioner and, if so, whether such approval was obtained. The evidence showed that the practitioner’s representative confirmed consent prior to the institution of the action, and any subsequent confusion was remedied by the practitioner’s written ratification and power of attorney. The appellant therefore had the requisite locus sta…
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Hyde Construction CC v Deuchar Family Trust and Another (12471/2012; A460/2013) [2014] ZAWCHC 118; 2015 (5) SA 388 (WCC) (11 August 2014)
The court held that the Deuchar Family Trust was properly before the court as applicant because any deficiency in authority at the time of institution was cured by subsequent ratification by all trustees, who held the requisite letters of authority. The trust deed required a minimum of three trustees, and at all relevant times, four trustees with authority existed, so there was no incapacity. The court distinguished between lack of authority, which may be ratified, and lack of capacity, which cannot. The citation of the trust by name was accepted as a reference to the trustees for the time be…
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