South Africa Case Law

Litabe v Di Thabeng Wholesale Fuel Supply (Pty) Ltd and Others (434/2022)

Litabe v Di Thabeng Wholesale Fuel Supply (Pty) Ltd and Others (434/2022) [2023] ZAFSHC 376 (9 October 2023)

Court

Free State High Court, Bloemfontein

Case number

434/2022

Judges

Daffue, Daniso

The court found that the respondents failed to prove that the second respondent was a shareholder, let alone a majority shareholder, of the first respondent. No valid share certificate, securities register entry, or authenticated transfer was presented. Consequently, the shareholders' meeting at which the applicant was removed was not properly constituted, rendering the removal invalid and contrary to section 71 of the Companies Act. The applicant is entitled to reinstatement as director. The court declined to order the provision of company documents, finding no proper case made out and notin…

Source excerpt

• Removal Of Directors
• Shareholder Rights
• Companies Act Section 71
• Review Of Shareholder Resolution

Sand Grove Opportunities Master Fund Ltd and Others v Distell Group Holdings Ltd and Others (6378/2022)

Sand Grove Opportunities Master Fund Ltd and Others v Distell Group Holdings Ltd and Others (6378/2022) [2022] ZAWCHC 46; [2022] 2 All SA 855 (WCC); 2022 (5) SA 277 (WCC) (13 April 2022)

Court

Western Cape High Court, Cape Town

Case number

6378/2022

Judge

Binns-Ward

The High Court held that beneficial owners lacked standing to challenge a scheme resolution under s 115(3)(b), and dismissed late intervention and amendment attempts.

• Scheme Of Arrangement
• Shareholder Rights
• Standing
• Companies Act 2008
• Urgent Interdict
• Review Of Shareholder Resolution