|
Citation
|
Judgment date
|
| October 2022 |
|
|
SUMMARY
COMPANY LAW: The shareholder requesting the special meeting to resolve among other things to remove directors without naming them and the reason for their removal- Held, the request is defective for not naming the directors and the reasons for their removal, in terms of section 73(1) of the Companies Act 2011- Court being requested to order the special meeting of the shareholders in terms of section 55 of the Companies Act 2011- Held, that power is excisable only in exceptional circumstances, which in the context of the present case do not exist.
|
27 October 2022 |
|
SUMMARY
COMPANY LAW: Applicant shareholder claiming his share of declared dividends- the company contending that the applicant is not entitled to participate in the dividends because he surrendered his shares when his employment as an executive director was terminated by the board- Held, there is no evidence that the applicant surrendered his shares and therefore, he is entitled to share in the declared dividends.
|
27 October 2022 |
|
SUMMARY
LAW OF SALE : Actio redhibitoria- The plaintiff sued out summons claiming the return of the purchase price of the motor vehicle which was sold and delivered- the plaintiff bought the vehicle knowing that it had a faulty sunroof- the agreement between the parties stated that the vehicle was sold voetstoots- on further and thorough investigation when the problem could not fixed, it emerged that there was a faulty electrical system-Held, the plaintiff failed to prove that the defendant knew of the fault and concealed it with the intention of defrauding him.
|
27 October 2022 |
|
SUMMARY
COMPANY LAW: The applicant lodged an application to reverse forfeiture of his share by fellow shareholder without proper notices being issued in terms of the company’s memorandum of incorporation- Held, meetings held without notices being issued are irregular and resolutions passed consequent thereto are null and void and of no force and effect- Dispute of fact – 2nd respondent’s lodging of a separate application wherein a purported dispute of fact is adumbrated, is impermissible.
|
27 October 2022 |
|
SUMMARY
Procedure – In ex parte application, full disclosure is a sine qua non – Insolvency Proclamation 57 – section 69 (3) thereof does not take away the unlimited jurisdiction of this court – the lawfully appointed liquidator has to be formally removed.
|
21 October 2022 |
|
SUMMARY
Procedure – matter not finally disposed of not res judicata – following the rule that proceedings have to be interpreted if conducted in a language other than English would be too strictly following the rules of procedure in the Small Claims Court.
|
21 October 2022 |