South Africa Case Law

Sanbonani Holiday Spa Share Block Ltd and Others v Off Beat Holiday Club and Others (32171/21)

Sanbonani Holiday Spa Share Block Ltd and Others v Off Beat Holiday Club and Others (32171/21) [2023] ZAGPPHC 627 (25 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

32171/21

Judge

L Badenhorst

The High Court dismissed an application to strike out allegations of illegality from particulars of claim, finding them relevant to an oppression remedy claim.

• Shareholder Oppression Remedy
• Strike Out Application
• Share Blocks Control Act
• Pleadings Relevance
• Prejudice In Pleadings
• Strike-out-application

Eden Crescent Share Block Ltd v Olive Marketing CC and Others (1075/2020)

Eden Crescent Share Block Ltd v Olive Marketing CC and Others (1075/2020) [2022] ZASCA 177; 2023 (3) SA 476 (SCA) (9 December 2022)

Court

Supreme Court of Appeal

Case number

1075/2020

Judges

Dambuza ADP, Molemela JA, Plasket JA, Basson AJJA, Siwendu AJJA

The Supreme Court of Appeal held that a parking servitude over Eden’s property was valid as a general servitude and that statutory approval requirements did not apply.

• Servitude Validity
• Vagueness In Servitude
• Share Blocks Control Act
• Housing Development Schemes For Retired Persons Act
• Alienation Of Property
• Registration Of Servitude

Moosa v Albemarle Court Share Block (Pty) Ltd and Others (AR390/2019, 9987/2014)

Moosa v Albemarle Court Share Block (Pty) Ltd and Others (AR390/2019, 9987/2014) [2020] ZAKZPHC 15 (22 May 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR390/2019, 9987/2014

Judges

Lopes, Henriques, Masipa

The court held that the appellant failed to establish a legal right to the inside garage, as the swop agreement between previous shareholders was not registered and did not comply with the formalities required by the Share Blocks Control Act. The appellant accepted and used the outside garage for a significant period, and the evidence did not clarify the physical location of garage 28 at the time of her purchase. The rights acquired by the appellant could not exceed those held by her predecessor, and the swop agreement, though approved by the company, did not alter the share register or the a…

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• Share Blocks Control Act
• Exclusive Use Rights
• Declaratory Relief
• Allocation Of Parking
• Contract Formalities

Jacobs v Beacon Island Shareblock and Another (A258/2018)

Jacobs v Beacon Island Shareblock and Another (A258/2018) [2019] ZAWCHC 3 (6 February 2019)

Court

Western Cape High Court, Cape Town

Case number

A258/2018

Judges

A.G. Binns-Ward, L.J. Bozalek, N.P. Boqwana

The court held that the application brought before the court a quo was unnecessary and misconceived, as the contradiction between the first third party's plea and his reply to trial particulars did not justify the relief sought. The reply to trial particulars does not form part of the pleadings and cannot alter the pleaded case. The order directing amendment of pleadings was legally ineffectual, advisory in nature, and did not prescribe any consequences for non-compliance. It was not final, definitive of rights, nor did it dispose of any substantive issue, and thus was not appealable. The int…

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• Interlocutory Relief
• Pleadings And Amendments
• Share Blocks Control Act
• Case Management
• Appealability Of Orders

Colledge N.O and Others v Olifants North Game Reserve Share Block Limited (36878/2013)

Colledge N.O and Others v Olifants North Game Reserve Share Block Limited (36878/2013) [2014] ZAGPPHC 313 (4 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

36878/2013

Judge

H.J Fabricius

High Court dismissed trustees’ bid to compel permanent closure of Ebony Road, holding they failed to prove a clear right and no binding written agreement existed.

• Share Blocks Control Act
• Use Agreement
• Mandatory Interdict
• Occupancy Rights
• Share-blocks-control-act
• Use-agreement

Absa Bank Limited v Eagle Creek Investments 490 (Pty) Limited and Others (7798/2012)

Absa Bank Limited v Eagle Creek Investments 490 (Pty) Limited and Others (7798/2012) [2014] ZAWCHC 81 (28 May 2014)

Court

Western Cape High Court, Cape Town

Case number

7798/2012

Judge

Gamble

The court held that the plaintiff's third party notices, seeking to impose delictual liability on shareholders for pure economic loss, call for an extension of established legal principles. South African law does not currently recognise a duty of care owed by shareholders to third parties contracting with the company, absent special circumstances. The pleadings are not sufficiently developed, and the matter is not ripe for determination on exception. The court declined to uphold the exception at this stage, reserving the legal question for trial, where the factual matrix and policy considerat…

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• Share Blocks Control Act
• Pure Economic Loss
• Duty Of Care
• Exception Procedure
• Wrongfulness
• Company Law Liability

Marquand and Another v Van Aardt and Others (37288/2009)

Marquand and Another v Van Aardt and Others (37288/2009) [2010] ZAGPPHC 531 (19 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

37288/2009

Judge

TLHAPI VV

The court discharged an interim anti-dissipation interdict, finding the applicants had not proved on a balance of probabilities that assets were being hidden or dissipated.

• Anti Dissipation Interdict
• Piercing Corporate Veil
• Fraudulent Misrepresentation
• Share Blocks Control Act
• Sequestration
• Disposition Without Value

Flexi Holiday Club v La Lucia Sands Shareblock Limited (90/02/01)

Flexi Holiday Club v La Lucia Sands Shareblock Limited (90/02/01) [2006] ZAKZHC 6; [2006] 2 All SA 479 (D) (31 March 2006)

Court

High Courts - Kwazulu Natal

Case number

4990/2002

Judge

C.N. Patel

The court held that consent was required to transfer share blocks because the transfer involved delegation of obligations, and the applicant failed to show waiver.

• Share Blocks Control Act
• Delegation Of Obligations
• Transfer Of Shares
• Creditor Consent
• Property Time Sharing Control Act
• Share-blocks