South Africa Case Law

Lotz v Knipe and Others (3864/2018)

Lotz v Knipe and Others (3864/2018) [2019] ZAFSHC 135 (1 August 2019)

Court

Free State High Court, Bloemfontein

Case number

3864/2018

Judge

I Van Rhyn

The court found that any sale or cession of the first and second respondents' shares in the companies in liquidation was void under section 341(1) of the Companies Act, as it occurred after the commencement of winding-up without the liquidator's sanction. The respondents failed to provide credible evidence of any valid cession or sale. The applicant established a clear right to payment of her taxed costs and demonstrated unlawful interference with her right to execute. The respondents' application for a stay of execution was dismissed, as they did not show irreparable harm or any pending revi…

Source excerpt

• Final Interdict
• Sale In Execution
• Companies In Liquidation
• Stay Of Execution
• Section 341 Companies Act
• Rule 45a Uniform Rules

Niemcor Africa (Pty) Limited v Bushveld Chrome Resources (Pty) Limited (73169/2013)

Niemcor Africa (Pty) Limited v Bushveld Chrome Resources (Pty) Limited (73169/2013) [2014] ZAGPPHC 468 (20 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

73169/2013

Judge

Basson

The court held that a share disposition in liquidation is completed on registration, not merely on contract. The transfer here was void and not validated.

• Company Liquidation
• Disposition Of Shares
• Fiduciary Duty
• Rectification Of Share Register
• Section 341 Companies Act
• Company-liquidation