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South Africa Case Law

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Commercial And Corporate [2025] ZAGPJHC 358

Cowan and Others v Norton and Others (2024/090281)

Cowan and Others v Norton and Others (2024/090281) [2025] ZAGPJHC 358 (25 March 2025)

The court dismissed an application over PAC’s shareholding dispute, holding FPS was not a shareholder and had no voting rights to block director changes.

  • Shareholder Dispute
  • Director Removal
  • Issuance Of Shares
  • Beneficial Interest
  • Interim Interdict
  • Companies Act 2008
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Commercial And Corporate [2024] ZAGPJHC 1065

Eslick and Another v ASI Financial Services (Pty) Ltd and Others (2024/112123)

Eslick and Another v ASI Financial Services (Pty) Ltd and Others (2024/112123) [2024] ZAGPJHC 1065 (22 October 2024)

The High Court granted urgent spoliation relief, restoring access to email and servers and restraining interference with business premises, finding the suspension unlawful.

  • Mandament Van Spolie
  • Director Suspension
  • Shareholder Dispute
  • Specific Performance
  • Self Help Remedy
  • Spoliation
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Civil Procedure [2024] ZAGPJHC 989

Strarfield-Ward and Others v Suluhisho Africa Proprietary Limited and Others (2024/104051)

Strarfield-Ward and Others v Suluhisho Africa Proprietary Limited and Others (2024/104051) [2024] ZAGPJHC 989 (3 October 2024)

High Court urgent application granted an interim interdict restraining a shareholders’ meeting and forced sale, and ordered arbitration under the JVA.

  • Urgent Interdict
  • Shareholder Dispute
  • Memorandum Of Incorporation
  • Arbitration Clause
  • Director Removal
  • Company Dissolution
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Civil Procedure [2024] ZAGPJHC 188

Meiring and Another v Jones (2985-2019)

Meiring and Another v Jones (2985-2019) [2024] ZAGPJHC 188 (26 February 2024)

The High Court varied an earlier order to correct a mistaken policy number, finding the error was clerical and that condonation for delay was justified.

  • Variation Of Court Order
  • Clerical Error
  • Buy And Sell Agreement
  • Condonation
  • Shareholder Dispute
  • Variation-of-court-order
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Commercial And Corporate [2023] ZAGPPHC 2022

Neo Thando Holdings (Pty) Ltd v Elliot Mobility (Pty) Ltd and Another (008808/2022)

Neo Thando Holdings (Pty) Ltd v Elliot Mobility (Pty) Ltd and Another (008808/2022) [2023] ZAGPPHC 2022 (1 December 2023)

The court found that the deadlock between directors and shareholders in NTEM prevents the company from defending the action proceedings, risking default judgment and financial prejudice to both NTEM and Neo Thando. Neo Thando, as majority shareholder and director, demonstrated a direct and substantial interest in the outcome, satisfying the requirements for intervention. The court exercised its discretion under section 358 of the Companies Act, 1973 to stay the proceedings, finding it equitable given the pending liquidation appeal and the unresolved financial disputes. The intervention would…

  • Company Deadlock
  • Stay Of Proceedings
  • Locus Standi
  • Shareholder Dispute
  • Joint Venture Agreement
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Commercial And Corporate [2023] ZAGPJHC 1310

Luelle Consulting (Pty) Ltd and Another v Hamann and Another (2023-034510)

Luelle Consulting (Pty) Ltd and Another v Hamann and Another (2023-034510) [2023] ZAGPJHC 1310 (15 November 2023)

Urgent interdict granted to restore access to a company bank account, with the second applicant authorised to litigate for the company under section 165(6) of the Companies Act.

  • Interim Interdict
  • Shareholder Dispute
  • Bank Account Access
  • Section 165 Companies Act
  • Urgency Rule 6 12
  • Corporate Governance
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Commercial And Corporate [2023] ZAGPPHC 615

Vercueil N.O v Huxley Trading 2 (Pty) Ltd (15695/22)

Vercueil N.O v Huxley Trading 2 (Pty) Ltd (15695/22) [2023] ZAGPPHC 615 (28 July 2023)

The High Court dismissed a trustee’s application to wind up a property company, finding no commercial insolvency and no basis for a just-and-equitable winding-up.

  • Winding Up Of Company
  • Commercial Insolvency
  • Just And Equitable Ground
  • Shareholder Dispute
  • Corporate Governance
  • Winding-up-of-company
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Civil Procedure [2023] ZAGPJHC 774

Moonlight Investments (Pty) Ltd v Bapoo (10033/2022)

Moonlight Investments (Pty) Ltd v Bapoo (10033/2022) [2023] ZAGPJHC 774 (22 June 2023)

High Court motion over disputed company control and rent collection failed because material factual disputes made final relief inappropriate on affidavit.

  • Locus Standi
  • Shareholder Dispute
  • Director Authority
  • Statement And Debatement Of Account
  • Interdict
  • Corporate Records Investigation
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Commercial And Corporate [2023] ZAGPPHC 306

De Klerk v De Lange and Another

De Klerk v De Lange and Another [2023] ZAGPPHC 306; 49408/2020 (2 May 2023)

The court found the applicant's version to be credible, reliable, and probable, supported by the factual chronology, WhatsApp messages, and the lack of challenge to material aspects of her evidence. The first respondent's evidence was inconsistent with his affidavits and the agreed common cause facts, and his reliance on a prior shareholders' agreement was misplaced. The applicant proved on a balance of probabilities that the first respondent undertook to pay her R1,000,000 for her shares by the end of November 2019 and R20,000 per month until payment. The applicant is entitled to delivery of…

  • Shareholder Dispute
  • Oral Agreement
  • Specific Performance
  • Interest A Tempore Morae
  • Company Law Remedies
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Commercial And Corporate [2023] ZANWHC 49

Rustenburg Crematorium (Pty) Ltd and Others v Jordaan N.O and Others (CIV APP FB 01/2018)

Rustenburg Crematorium (Pty) Ltd and Others v Jordaan N.O and Others (CIV APP FB 01/2018) [2023] ZANWHC 49 (6 April 2023)

The Full Court upheld an appeal against a final liquidation order and replaced it with dismissal of the liquidation application, with costs.

  • Final Liquidation
  • Companies Act Compliance
  • Directors Remuneration
  • Shareholder Dispute
  • Final-liquidation
  • Companies-act-compliance
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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.