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Howe v Platform 45 (Pty) Ltd (13158/2022) [2025] ZAGPJHC 409 (29 April 2025)
The High Court granted a partial Rule 35(7) discovery order in a contract valuation dispute, requiring production of valuation and financial documents but rejecting vague or overbroad requests.
Khawa v Littlefish App (Pty) Ltd and Others (2024/069982) [2025] ZAGPJHC 418 (25 April 2025)
The High Court dismissed a section 163 oppression application, holding the remedy does not apply to a foreign company and that the applicant failed to prove unfair prejudice.
Cossadianos and Others v Nel and Others (2024-104634) [2025] ZAGPPHC 284 (17 March 2025)
The court found that Mr. Nel's unilateral exclusion of Mr. Cossadianos from the management and affairs of the companies, without recourse to legal process, constituted oppressive and unfairly prejudicial conduct under section 163 of the Companies Act. The respondents' justification based on allegations of fraud did not entitle them to resort to self-help, as disputes must be resolved through the courts. The applicants retained locus standi despite the respondents' attempt to cancel their interests, as such cancellation was not effected through due process. The deadlock and breakdown of trust…
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Strategic Partners Group (Pty) Ltd and Others v The Liquidators of Ilima Group (Pty) Ltd (in liquidation) and Others (1291/2021) [2023] ZASCA 27; [2023] 2 All SA 658 (SCA) (24 March 2023)
The Supreme Court of Appeal held that the liquidators' rights to information and documents are not limited to those of ordinary shareholders but are governed by sections 414 and 415 of the Companies Act 61 of 1973. The court found that clause 27 of the amended Memorandum of Incorporation operated oppressively and unfairly prejudicially against the liquidators, as it restricted their ability to obtain necessary documents for an accurate valuation of the Ilima shareholding. The court affirmed the high court's declaratory relief that clause 27 does not apply to the Ilima shareholding and upheld…
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Khoza v Radebe and Others (A113/2022) [2023] ZAWCHC 55 (15 March 2023)
The High Court held that a shareholder validly exercised a pre-emptive right by notifying his intention to buy shares; a price deadlock triggered valuation under the articles.
Roseveare and Others v Simelane and Others (27833/2021) [2022] ZAGPJHC 838 (24 October 2022)
The High Court refused a third postponement, struck the first respondent’s defence, and allowed the applicants to proceed with relief over disputed share valuations.
MWRK Accountants & Consultants (Pty) Ltd v HLB International (72514/2018) [2019] ZAGPPHC 630 (15 November 2019)
High Court granted section 163 relief in a company dispute, refusing winding-up and ordering sale of the property held by the company, with proceeds shared pro rata.
Geffen and Others v Dominquez-Martin and Others (4501/2014) [2017] ZAWCHC 118; [2018] 1 All SA 21 (WCC) (17 October 2017)
The High Court dismissed a minority oppression application under s 163 of the Companies Act and s 49 of the Close Corporation Act, finding no proven unfair prejudice.
Hesslewood v Naidoo and Another (50937/2013) [2017] ZAGPPHC 423 (7 March 2017)
The court held that a share payment was provisional, not final, and ordered the first defendant to pay the balance due under the shareholders’ agreement.
Tsenelo Media Solutions (Pty) Ltd v Brand IQ (Pty) Ltd and Another (58132/2007) [2009] ZAGPPHC 40 (30 April 2009)
The court dismissed an application seeking section 252 relief and granted a counter-application compelling transfer of shares under the shareholders agreement.
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