South Africa Case Law

Van Der Walt and Another v Justsolve (Pty) Ltd and Others (020842/2023)

Van Der Walt and Another v Justsolve (Pty) Ltd and Others (020842/2023) [2024] ZAGPPHC 1208 (18 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

020842/2023

Judge

Makhoba

The High Court referred a company shareholding dispute to oral evidence because the papers showed material factual disputes about share ownership, the share certificate and the securities register.

• Shareholding Dispute
• Company Directorship
• Dispute Of Fact
• Application Vs Trial
• Strike Out Scandalous Allegations
• Shareholding-dispute

Van Zyl v Joubert (54016/2013)

Van Zyl v Joubert (54016/2013) [2022] ZAGPPHC 435 (10 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

54016/2013

Judge

PM Mabuse

The court dismissed a prescription defence and ordered specific performance of an oral agreement involving a farm, a company, and 25% shareholding.

• Specific Performance
• Oral Contract
• Prescription Act
• Company Registration
• Transfer Of Property
• Shareholding Dispute

IG Chem (Pty) Ltd and Another v Makoya Investments Zambia Limited (29879/2016)

IG Chem (Pty) Ltd and Another v Makoya Investments Zambia Limited (29879/2016) [2022] ZAGPJHC 19 (19 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

29879/2016

Judge

Dippenaar

The court found that the plaintiffs had established, through oral and documentary evidence, that the defendants engaged in unconscionable abuse of the juristic personalities of the first and second defendants. The first defendant never traded, had no financial records, and was used as a device to conceal assets and funds, all of which flowed through the second defendant. The evidence refuted the defendants' denial of Mr Venter's sole shareholding and demonstrated fraudulent attempts to backdate share certificates. The court held that the requirements for lifting the corporate veil under secti…

Source excerpt

• Lifting Of Corporate Veil
• Unconscionable Abuse Of Juristic Personality
• Declaratory Relief
• Prescription
• Shareholding Dispute

Dereck v Gardel

Dereck v Gardel [2008] ZAGPHC 443; 17434/05, 17436/05 (19 September 2008)

Court

High Courts - Gauteng

Case number

17434/05 and 17436/05

Judge

Willis

The High Court held that the plaintiff proved his payments were loans, not venture capital, and ordered repayment with interest and costs in both consolidated cases.

• Oral Contract
• Loan Agreement
• Shareholding Dispute
• Amendment Of Claim
• Summary Judgment
• Burden Of Proof

Van Rooyen and Another v Imperial Transport Holdings (Pty) Limited and Another (31063/2000)

Van Rooyen and Another v Imperial Transport Holdings (Pty) Limited and Another (31063/2000) [2004] ZAGPHC 12 (9 July 2004)

Court

High Courts - Gauteng

Case number

31063/2000

Judge

Motata

The court dismissed a claim based on an alleged oral joint venture agreement, finding the plaintiffs failed to prove the trust was the contracting party or the terms claimed.

• Oral Contract
• Onus Of Proof
• Contracting Parties
• Profit Guarantee
• Shareholding Dispute
• Oral-contract