The rule of law, so it was submitted, is derived, from some English building cases (Home v Guppy (1838) 3 M & H 387 (150 ER 1195); Russell v Sa da Bandeira (1862) 13 C.B. (N.S.) 149; Jones v St John's College (1870) LR 6 Q.B. 115; Dodd v Churton [1897] 1 Q.B. 562; Wells v Army & Navy Co-operative Society (1902) Hudson's Building Contracts, 4th ...
also Gundelfinger v African Textile Manufacturers Ltd and Others 1939 AD 314 at 324- 325; Sammel and Others v President Brand Gold Mining Co. Ltd 1969 (3) SA 629 at 679D-E. In Francis George Hill Family Trust v South African Reserve Bank and others 1992 (3) SA 91 A at 97E-F, Hoexter JA quoted, with approvalr Lord Denning MR in
Sammel v President Brand Gold Mining Co Ltd 1969(3) SA 629 (A) at 662 et seq. [181 Furthermore, it is submitted on behalf of the applicant that it is just and equitable for the … Бөмбөлөгт тээрэмАлт 2025 хөтөлбөрийн суурь судалгааны тайлан
Sammel v President Brand Gold Mining Co Ltd. 1969 (3) SA 629 (AD) at 678 and 680-681; ; Louw and Others v Richtersveld Agricultural Holdings Company (Pty) Ltd and Others. ... 2017 (3) SA 502 (GP) para 80; . [22].That is clearly not the case . in casu. Glen is not a related person in terms of s 2 of the 2008 Companies Act.
1 See generally Sammel v President Brand Gold Mining Co 1969 (3) SA 699 (A) at 699–707 for a definition of a nominee shareholder. Compare with note 2 below, which refers to South Africa's Companies Act 61 of 1973, sec 103(2) of which provides that, for a person to become a member, his or her name must be entered in the register.
The only qualification which appears to apply to the said rule was, as stated in the case of Sammel v President Brand Gold Mining Co Ltd[9] by Trollip JA, that majority shareholders could not use the power to "discriminate between themselves and the minority shareholders so as to give themselves an advantage at the expense of the minority ...
1 Samuel 3 10 L'Eternel vint et se présenta, et il appela comme les autres fois: Samuel, Samuel! Et Samuel répondit: Parle, car ton serviteur écoute. 11 Alors l'Eternel dit à Samuel: Voici, je vais faire en Israël une chose qui étourdira les oreilles de quiconque l'entendra.…
This was the view adopted in Sammel v President Brand Gold Mining Co Ltd (1969 (3) SA 629 (A)), where the court held that the concept of corporate democracy connotes that where there is disagreement among the members, or between the members and directors, the will of the majority members must ultimately prevail (see Sammel v President Brand
Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) 678 - 679 where it is highlighted that a general principle of corporate law is that one who becomes a shareholder in a company undertakes to be bound by decisions taken lawfully by the majority of shareholders,
1Sammel v President Brand Gold Mining Co Ltd1969 (3) SA 629 (A) at 678. 2PA Delport (ed) Henochsberg on the Companies Act 71 of 2008(Service Issue 17) 574(12) and the authorities there cited. 3JT Pretorius (ed) Hahlo'sSouth African Company Law through the Cases6 ed (1999) 380. 4Delport (ed) op cit note 2 at 574(12). The standard in company ...
The right to be on the register is independent of ownership of the shares (see Davis v Buffelsfontein Gold Mining Co Ltd and another 1967 (4) SA 61 (W) at 633C-F and the reference therein to the case of Jeffery v Pollak & Freemantle 1938 AD 1 at 18; also see Hahlo, "South African Company Law through the Cases" (6 ed) at 175).
AN ANALYSIS OF THE OPPRESSION REMEDY UNDER … 1Sammel v President Brand Gold Mining Co Ltd1969 (3) SA 629 (A) at 678. 2PA Delport (ed) Henochsberg on the Companies Act 71 of 2008(Service Issue 17) 574(12) and the …
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Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) par678. Max Rainer Companies Act provides relief for prejudiced minority shareholders, De Rebus in. 2019 …
Benade & De Villiers Company law 3 ed 342; Ex parte Federale Nywerhede Bpk 1975 1 SA 826 (W); Sammel v President Brand Gold Mining Co Ltd 1969 3 SA 629 (A) 678H-679G and 682H-683G; Weinberg & Blank Take-overs and mergers 4 ed pars 811 and 813/4. 0 Basil Wunsh BA LLB (Stell) Higher Diploma in Tax Law (Rand) practises
Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 662F). [5] In the court a quo the learned judge had regard to the respondent's financial statements for the year ended 28 …
See Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (AD) at 678, Garden Province Investment and Others v Aleph (Pty) Ltd and Others 1979 (2) SA 525 (D) at 531 and more recently Louw v Nel 2011 (2) SA 172 (SCA) at para [22] and further. There is also no doubt that the mere subordination of the wishes of the minority by the ...
18Sammel v President Brand Gold Mining Co Ltd 1969 (3)SA 629 (A)para678Trollip J firmly noted:'By becoming a shareholder in a company a person undertakes by his … IN THE HIGH …
Tett v Phoenix & Property & Investment C. Ltd (1984] BCLC 599 Thomas, Ltd v May 1952(3) SA 750 (S.R.) United Trusts (Proprietary) Limited and Others v South African Milling Company and Others 1959 (2) SA 427 0N) Utopia Vakansie-Oorde BPK v Du Plessis [197 4] (3) SALA 148 (AD) White v Bristol Aeroplane Co. Ltd (1953] 1 All E.R. 40
(See also Moosa NO v Mavjee Bhawan (Pty) Ltd and Another 1967 (3) SA 131 (T) at 137; Emphy and Another v Pacer Properties ... 12 Per Trollip JA in Samuel v President Brand Gold Mining Company Limited 1969 (3) SA 629 (AD) ...
In Kukama v Lobelo and Others, ... The only qualification which appears to apply to the said rule was, as stated in the case of Sammel v President Brand Gold Mining Co Ltd ...
Corporate Law 3 ed (2000) at 296. 6 Sammel v President Brand Gold Mining Co Ltd (1969) 3 SA 629 (A) (hereinafter Sammel v President Brand) Zby becoming a shareholder in a company a person undertakes by his contract to be bound by the decisions of the
This was the view adopted in Sammel v President Brand Gold Mining Co Ltd (1969 (3) SA 629 (A)), where the court held that the concept of corporate democracy connotes that where there is disagreement among the members, or between the members and directors, the will of the majority members must ultimately prevail (see Sammel v President Brand ...
[11] I can add nothing useful to what has been said in earlier cases as to the meaning of 'public' (there is no suggestion that the word is used in s 145 in any special sense). In S v V 1977 (2) SA 134 (T) at 137 Franklin J (citing S v Rossouw and Tatem Co v Inland Revenue Commissioners to similar effect) said that
For, as Trollip JA put it in Sammel v President Brand Gold Mining Co Ltd: 19 ... 19 1969 (3) SA 629 (A) at 678G-H. 20 In Re London School of Electronics Ltd [1986] 1 Ch 211 at …
This principle is called Majority rule principle in the case of Trollip JA Samuel and Ors v President Brand Gold Mining Co. 1969 (3) SA 629 (A) stating the reluctance of courts to intervene in …
Sammel v President Brand Gold Mining Company Ltd 1969 (3) SA 629A at 678. Thus the mere loss of confidence in the management of the company's ... SA 593 D at 597 per Caney J. …
3 the retiring directors were deprived of their status as members and were ... As stated by Trollip JA in Sammel & others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 678G-H: …
1 See the opinion of Trollip JA in Samuel v. President Brand Gold Mining Co. Ltd (1969) 3 (SA) 629 (A) 2 Hein Cilliers Loest v. Gendac (Pty) Ltd 2017 (4) SA 187 (GP) 2017 3 ibid 4. appraisal. and shareholders. by . dissertation. &
Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 662; [9] In ABSA Bank Ltd v Rhebokskloof (Pty) Ltd 1993 (4) SA 436 (C) at page 440-441, the following is stated:- "Turning to the merits of the matter, Mr Gauntlett contended that ABSA was entitled to a final winding-up order on the basis that Rhebokskloof was 'commercially ...
Trollip JA Samuel and Others v President Brand Gold Mining Company [1969] (3) SA 629 (A). xi ACKNOWLEDGEMENT Words have a tendency of failing men whenever they wish to express their deeply felt gratitude. They have limitations. They are static. I find myself in this situation. However, in recognition of
The only qualification which appears to apply to the said rule was, as stated in the case of Sammel v President Brand Gold Mining Co Ltd by Trollip JA, that majority shareholders could not use the power to "discriminate between themselves and the minority shareholders so as to give themselves an advantage at the expense of the minority".
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Body Corporate of Fish Eagle v Group Twelve Investments . 2003 (5) SA 414 (W) at 428B-C: "The deeming provision of s 345(1)(a) of the Companies Act creates a rebuttable presumption to the effect that the respondent is unable to pay . 2. 2013 (2) SA 295 at 300 – 301 paragraph [27]. 3 [2014] JOL 32350 (SCA).
The wording of section 252 itself focused on the act or omission, or 51 1968 (1) SA 527. 52 See Gundelfinger v African Textile Manufacturers Ltd 1939 AD 314:324-325; Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A); Garden Province Investment v Aleph (Pty) Ltd 1979 (2) SA 525 (D):531-532; Donaldson Investments (Pty) Ltd 1979 (3 ...
2 Off-Beat Holiday Club v Sanbonani Holiday Spa Shareblock Ltd 2017 (5) SA 9 (CC) par 27. 3 S 71(3) of the Companies Act. 4 S 71(8) of the Companies Act. 5 Pender v Lushington (1877) 46 ChD 317 321; Re HR Harmer Ltd [1959] 1 WLR 62 82; Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) 680; Desai v Greyridge