by HoneyAdminThe requirements of an interim interdict
Case Summary : HM v LM Certain interim relief was granted to the applicant on the 28th of January 2020 and the applicant wanted to confirm this relief, pendente lite. The following relief was granted to the applicant in terms of the interim order, namely that the respondent was, “…interdicted and restrained from alienating, entering into any sale of or transferring, disposing of...
by hnydmnContract cancellation – construction agreement
In construction contracts generally, barring allegations that fraud has taken place, contractors are not allowed to challenge payment guarantees even when if there is a dispute in terms of the building contract. The Courts will however take note of any underlying contracts which may exist. Written by: Adriaan Jean Vermaas (B. Com Law, L.L.B, L.L.M); source:...
by hnydmnCession of rights, title and interest in immovable property as security for a loan
In the case of Coetzee N.O v Total Auctioneering Services and Sales CC t/a Consolidated Auctioneers and another JOL 41493 (GJ), one of the respondents had ceded all his rights, title and interest in an immovable property as security for a loan. The loan was not repaid and the applicant sought to enforce the cession and take transfer of the relevant property. The applicant was successful and...by hnydmnProvisional winding up
Case: Kriedemann and Another v One Division Investments 139 (Pty) Limited and Others The case Kriedemann and Another v One Division Investments 139 (Pty) Limited and Others, concerns the application for a order provisionally winding up a company in terms of section 81(1)(d)(iii) of the Companies Act, Act 71 of 2008. Section 81(1)(d)(iii) provides for the liquidation of a company on...by hnydmnKNOWING THE RULES REGARDING SHARES OF PROFIT COMPANIES
If one had to explain in layman’s terms what a share of a profit company is, one might say that such a company is divided into small pieces of value which are held by the shareholders of the relevant company. The holder of one of these “small pieces of value” is then entitled to, amongst other things, share in the profit of the company by way of a dividend. Even though the idea of profit...by hnydmn