Explore the intricacies of a recent high-profile contractual dispute case where specific performance and the enforceability of contracts under the National Credit Act were key issues. This blog delves into the judicial decisions, legal implications, and critical lessons for practitioners and investors.
Litigation
Can A Permanent Life Partner Claim From the Estate of a Deceased Married Individual?
Explore the South Gauteng High Court’s decision in Gasa v Master of the High Court, examining the inheritance rights of permanent life partners in contrast with legally married spouses under South African law.
Can a Court Recognize an Oral Dying Wish for Asset Distribution? Insights from Mthimunye v Kabini and Another
Discover the implications of the North Gauteng High Court’s decision in Mthimunye v Kabini and Another on oral dying wishes and the potential evolution of common law to honour the sanctity of last wishes in estate distribution.
Unwitnessed Wills and the Tug-of-War for Inheritance: A Legal Insight
Discover the intricacies of Mohanoe and Others v Master of the High Court [2024], a landmark case on the validity of unsigned Wills and the role of an executrix, highlighting the importance of proper Will execution and impartial estate administration in Johannesburg’s High Court.
Unjust Enrichment and Psychic Extortion: A Case Overview
Dive into the Aheer and Another v Govender case, a captivating legal examination of unjust enrichment tied to alleged psychic abilities, extortion, and the misuse of paranormal claims for financial gain. Discover how the ZAKZPHC ruled on this unique intersection of law and psychic predictions.
Understanding Dual Jurisdiction: The Case of Malvern Trading CC vs. ABSA Bank Ltd
Examine the Gauteng High Court’s decision in Malvern Trading CC vs. ABSA Bank Ltd, highlighting the dual jurisdiction principle for close corporations and its alignment with constitutional rights under South African law.
Breaking Down the Van Der Watt V Schoeman Case: Understanding Shareholder Rights in Company Disputes
Explore the Eastern Cape Division, Gqeberha’s ruling on shareholder oppression in Van Der Watt v Schoeman, highlighting legal remedies for shareholders under the Companies Act 71 of 2008 against oppressive conduct within a company.
Can Trustees Determine the Capital Beneficiaries in a Trust? A Detailed Analysis of Schoonhoven N.O and Others v Schoonhoven and Others [2024] ZAKZPHC 1
Introduction: In the recent case of Schoonhoven N.O and Others v Schoonhoven and Others (7608/2020) [2024] ZAKZPHC 1, the High Court grappled with the intricate interpretation of a trust deed and a will. This case revolved around the Schoonies Familie Trust and raised...
When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another
Explore the Crystal Ball Properties case analysis, a pivotal legal battle on minority protection in Home Owners’ Associations under the Companies Act. Uncover the court’s stance on oppressive conduct, the implications of the Heritage Hill decision, and the balance between majority rule and minority rights in HOAs.