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South Africa decisions
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Urban Growth Investments (Pty) Ltd v Mesh VC (Pty) Ltd (133934/2023) [2024] ZAGPPHC 1366 (27 December 2024)
The High Court dismissed a claim for repayment under a share sale exit clause, holding that repayment was premature because the contractual loan threshold had not been met.
Barnard N.O and Others v Route Holdings (Pty) Ltd (5907/2023) [2024] ZAFSHC 291 (10 September 2024)
The High Court granted condonation for a late replying affidavit and ordered production of ledger accounts under Rule 35(14) so the applicants could plead.
Hughes v Hughes and Others (2267/2021P) [2024] ZAKZPHC 32 (16 February 2024)
The court dismissed an exception to amended particulars of claim, holding that the breach notice sufficiently complied with the sale agreement's notice clause.
Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another v Vantage Goldfields SA (Pty) Ltd (2870/2021) [2022] ZAMPMBHC 94 (19 October 2022)
The High Court held that a share sale agreement lapsed for non-fulfilment of a suspensive condition, making later addenda void and requiring repayment of R1 million.
Structra Group (Pty) Ltd v Van Niekerk and Others (06923/2019) [2022] ZAGPJHC 219 (11 April 2022)
The High Court enforced a sale of shares agreement, ordered payment of R2 million plus interest, and rejected objections about joinder and alleged fraud.
TR Eagle Air (Pty) Ltd and Another v Thompson (A206/2018) [2020] ZAGPPHC 801 (13 November 2020)
The High Court struck an appeal off the roll for failure to comply with Rule 49(13)(a) on security for costs, despite hearing argument on the merits.
Nolte v Korb and Others (6830/2019) [2019] ZAGPPHC 353 (3 May 2019)
The High Court granted summary judgment for unpaid amounts under a sale of shares agreement, rejecting defences based on repudiation, misrepresentation and impossibility.
Potgieter and Another v Meyer (77243.2015) [2016] ZAGPPHC 533 (4 March 2016)
High Court upheld a restraint of trade in a salon sale agreement and interdicted the respondent from competing or soliciting staff.
Franjeron (Pty) Ltd v Incredible Happenings and Another (40769/14) [2015] ZAGPJHC 253 (13 August 2015)
The court held that the PIE Act does not apply to the eviction of juristic persons occupying commercial premises. The respondents failed to establish that the property was used as a primary residence. The sale of shares agreement did not result in transfer of ownership to the first respondent, as the full purchase price was not paid and the closing date was contingent upon such payment. The literal interpretation advanced by the respondents would lead to unbusinesslike results and is rejected. The shareholders of the applicant have no direct and substantial interest in the proceedings and hav…
Source excerpt
Nestadt v Beacham Capital Ltd and Others (2013/19749) [2013] ZAGPJHC 243 (3 October 2013)
High Court enforced a sale of shares agreement, holding the respondents jointly and severally liable for the outstanding purchase price plus interest.
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