Simmonds NO v Essafrau and Others; In Re: Brankin v Essafrau and Others (934/2017)
Simmonds NO v Essafrau and Others; In Re: Brankin v Essafrau and Others (934/2017) [2018] ZASCA 113 (14 September 2018)
The appeal was dismissed because the appellant failed to establish, on the affidavits, that the deceased lawfully acquired ownership of the shares in Burchells Bush Lodge Shareblock Limited. The founding affidavit contained contradictory statements regarding the manner of acquisition, and the respondents' answering affidavit compounded the confusion with inconsistent admissions and denials. The central legal issue of ownership could not be resolved on the papers, as the facts were not common cause and the probabilities could not be considered in motion proceedings. The requirements for final…
Source excerpt
- Vindication Of Shares
- Ownership Of Shares
- Motion Proceedings
- Contradictory Affidavit Evidence
- Pledge Of Shares