South Africa Case Law

Du Plooy N.O and Others v De Hollandsche Molen Share Block Ltd and Another (4308/2015)

Du Plooy N.O and Others v De Hollandsche Molen Share Block Ltd and Another (4308/2015) [2015] ZAWCHC 173; [2016] 1 All SA 748 (WCC); 2017 (3) SA 274 (WCC) (11 November 2015)

Court

Western Cape High Court, Cape Town

Case number

4308/2015

Judge

Davis

The court found that the NJ Du Plooy Trust is the registered owner of the class B – F shares in the first respondent, based on the evidence of share certificates, longstanding recognition by the board, and the transfer of shares to the trust. Ownership of shares does not depend on registration in the securities register, and the absence of a use agreement does not invalidate the transfer, as the relevant articles and statutory provisions relate to formalities rather than conditional restrictions. The court exercised its discretion under section 161 of the Companies Act 2008 to clarify the tru…

Source excerpt

• Share Block Companies Act
• Companies Act 2008
• Shareholder Rights
• Securities Register
• Use Agreement
• Declaratory Relief

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