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South Africa Case Law

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Commercial And Corporate [2022] ZAGPJHC 678

Brady v D & R Rarming CC and Another (A5008/2022; 8323/2020)

Brady v D & R Rarming CC and Another (A5008/2022; 8323/2020) [2022] ZAGPJHC 678 (12 September 2022)

The High Court upheld an appeal over the sale of a close corporation member’s interest, holding that deductions for corporate withdrawals could not reduce the agreed purchase price.

  • Sale Of Member Interest
  • Contractual Sanctity
  • Close Corporation Act
  • Set Off
  • Counter Application
  • Close-corporations
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Commercial And Corporate [2016] ZAGPJHC 199

Van der Walt v Deale (13387/2012)

Van der Walt v Deale (13387/2012) [2016] ZAGPJHC 199 (29 July 2016)

The High Court held that the buyer could cancel a sale agreement and reclaim R800,000 after a breached warranty about mortgage bonds over property.

  • Sale Of Member Interest
  • Contract Rectification
  • Misrepresentation
  • Warranty Breach
  • Repudiation
  • Damages
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Commercial And Corporate [2014] ZAGPPHC 709

Bekker v Janse Van Rensburg (61332/2012)

Bekker v Janse Van Rensburg (61332/2012) [2014] ZAGPPHC 709 (23 September 2014)

The court awarded only the instalment due when summons was issued, finding the plaintiff had not proved an acceleration clause for the full balance.

  • Sale Of Member Interest
  • Purchase Price Dispute
  • Acceleration Clause
  • Pleading Amendment
  • Loan Account Valuation
  • Acceleration-clause
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Land And Property [2013] ZAECGHC 7

Van Wyk v Ekosto 1042 CC (3023/2012)

Van Wyk v Ekosto 1042 CC (3023/2012) [2013] ZAECGHC 7 (6 February 2013)

The court dismissed an appeal against an eviction order, holding that the appellant failed to prove that the sale of a member’s interest to a trust was a sham.

  • Eviction
  • Simulated Transaction
  • Trust Law
  • Sale Of Member Interest
  • Simulated-transaction
  • Trust-law
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Commercial And Corporate [2007] ZAGPHC 193

Viljoen v Jiane and Others (17655/05)

Viljoen v Jiane and Others (17655/05) [2007] ZAGPHC 193 (11 September 2007)

The court found a valid agreement for the sale of a 50% membership interest in a close corporation and ordered specific performance requiring a CK2 resignation form.

  • Sale Of Member Interest
  • Specific Performance
  • Contract Formation
  • Close Corporation Membership
  • Contract-formation
  • Specific-performance
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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.