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South Africa Case Law

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Commercial And Corporate [2022] ZAGPPHC 725

Holtzman and Another v Sign and Seal Trading 32 (Pty) Limited and Others (9179/2017)

Holtzman and Another v Sign and Seal Trading 32 (Pty) Limited and Others (9179/2017) [2022] ZAGPPHC 725 (26 September 2022)

The court held that the defendants proved a loan agreement existed but not the loan’s quantum, so the plaintiffs were entitled to 37.5% of net proceeds after SARS.

  • Shareholder Entitlement
  • Distribution Of Proceeds
  • Company Liabilities
  • Dividend Withholding Tax
  • Onus Of Proof
  • Trust Account Protection
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Commercial And Corporate [2022] ZAGPPHC 632

Matthews and Others v Ituba Holdings (RF) (Pty) Ltd and Others (81151/2017)

Matthews and Others v Ituba Holdings (RF) (Pty) Ltd and Others (81151/2017) [2022] ZAGPPHC 632 (22 August 2022)

The High Court held that the applicants’ claim to a 1% share in Ithuba Holdings had prescribed, because they knew the essential facts by October 2014 and did not sue timeously.

  • Prescription Act
  • Shareholder Entitlement
  • Piercing Corporate Veil
  • Memorandum Of Incorporation
  • Tender Pre Screening
  • Prescription
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Civil Procedure [2021] ZAGPJHC 466

Tlake v A Re Somang Projects (Pty) Ltd and Others (18894/2020)

Tlake v A Re Somang Projects (Pty) Ltd and Others (18894/2020) [2021] ZAGPJHC 466 (30 July 2021)

The High Court dismissed an application to join mineral and company officials as defendants, finding they had no direct and substantial interest in a contractual mining dispute.

  • Joinder Of Parties
  • Oral Contract
  • Mining Rights
  • Shareholder Entitlement
  • Close Corporation Conversion
  • Joinder-of-parties
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Commercial And Corporate [2017] ZAGPPHC 1032

Matlala and Others v Mosalakae and Others (49867/2010)

Matlala and Others v Mosalakae and Others (49867/2010) [2017] ZAGPPHC 1032 (13 November 2017)

The High Court ordered rectification of Gundo Investments’ members register, finding no valid rights-offer contract for extra shares and restoring equal ownership among seven entities.

  • Rectification Of Share Register
  • Companies Act 1973
  • Rights Offer
  • Shareholder Entitlement
  • Contractual Consensus
  • Allocation Of Shares
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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.