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.
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.
Introduction: In the recent case of Schoonhoven N.O and Others v Schoonhoven and Others...
Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?
Summary judgment can be sought in certain circumstances when an action is defended, that is, when the person being sued gives notice that he disputes the Plaintiff claim and wants to defend himself and state his case. It is a remedy which is pursued by a Plaintiff...
Default Judgment is a judgment entered against a party who has failed to defend an action which has been brought against them. In a legal action by a way of summons, there are two parties: The Plaintiff- the one who institutes the proceedings. The Defendant- the one...
In this article, I would like to explore 8 mistakes to avoid in divorce. Much like other traumatic events, a divorce is often unexpected, unpleasant and, most disturbingly, something for which few people make preparations. Although divorce is hardly a pleasant topic...
In terms of South African Law, and even global Law, one is necessarily concerned with competing rights and responsibilities. It is a result of these rights and responsibilities that due process plays such an important role in our legal system. One of the checks...
