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South Africa Case Law

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Commercial And Corporate [2024] ZASCA 144

Grancy Property Limited and Another v Dines Chandra Manilal Gihwala and Others (512/2022)

Grancy Property Limited and Another v Dines Chandra Manilal Gihwala and Others (512/2022) [2024] ZASCA 144; 2025 (2) SA 76 (SCA) (23 October 2024)

The Supreme Court of Appeal held that Grancy was entitled to the economic benefit of half the additional Scharrig option shares allocated to the DGFT, as established by the Joffe Schedule and the terms of the Scharrig agreement. The Court found that Grancy had authorised the disposal of its initial and option shares at R5.75 per share in January 2006 and had accepted the proceeds, negating claims of unauthorised sale or entitlement to higher damages based on the highest intermediate value principle. The Court rejected the application of the highest intermediate value rule, finding it foreign…

  • Breach Of Fiduciary Duty
  • Quantification Of Damages
  • Black Economic Empowerment
  • Secret Profit Disgorgement
  • Prescription
  • In Duplum Rule
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Commercial And Corporate [2018] ZAWCHC 94

Sime Darby Hudson and Knight (Pty) Ltd v Lerena (9293/2013)

Sime Darby Hudson and Knight (Pty) Ltd v Lerena (9293/2013) [2018] ZAWCHC 94; (2018) 39 ILJ 2413 (WCC); [2018] 4 All SA 446 (WCC) (30 July 2018)

The court found that the defendant, as Key Accounts Manager, owed both contractual and fiduciary duties to the plaintiff, including the obligation to adhere to the Makro benchmark price for sales of Crispa Gold. The evidence established that the defendant breached these duties by diverting sales to companies he controlled, selling at prices below the Makro benchmark, and failing to disclose his interests in Fast Track and FDC. The defendant's explanations were found to be vague, contradictory, and unsupported by credible evidence. The forensic analysis demonstrated that the plaintiff suffered…

  • Breach Of Fiduciary Duty
  • Secret Profit Disgorgement
  • Contractual Damages
  • Conflict Of Interest
  • Quantification Of Damages
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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.