Written by Loyiso Bavuma and checked by Divina Naidoo Background This  case dealt with an opposed application by the Howard Gewu (“the applicant”) to compel Moses Mbanzeni (“the first respondent”) and Wax Engineering and Consultants (Pty) Ltd (“the second respondent”) to transfer into his name forty percent of the shares in the second respondent. The

Case summary written by Celeste Frank and checked by Jordan Dias BACKGROUND The Applicant and Respondent were married to each other and at the time of divorce (which was granted on 18 May 2020), there were two minor children born of the marriage between the parties.  Incorporated in the decree of divorce was a settlement

Written by Loyiso Bavuma and checked by Divina Naidoo Background: This present case was in relation to an application for summary judgment. On 17 November 2017, Business Partners Limited (“the applicant”) and JJH Supply and Projects (Pty) Ltd (“the principal debtor”) entered into a written agreement of loan (“the loan agreement”) in terms of which

Case summary written by Snazo Tuswa and checked by Jordan Dias Background On 7 August 2019, M Du Plessis (“the Arbitrator”) handed down an award in arbitration proceedings (“Arbitration Award”), between the First, Second, Third Applicants, and the Second to the Eighth Respondents. Subsequent to such arbitration, the Arbitrator ordered compliance as to all participants

Case summary written by Tayla Bruce and checked by Jordan Dias Background:  During March 2013, Anabella Resources CC (“the Appellant”) and Genric Insurance Company Limited (“the Respondent”) entered into an insurance agreement (“the Agreement”), in terms whereof the Respondent undertook to indemnify the Appellant for loss or damage which it suffered in the event of

By Stef de Gouveia and checked by Saul Mayers     Background:  Standard Bank of South Africa Ltd (the “Applicant”) sought an order for the provisional liquidation of Bloemfontein Celtic Football Club Pty (Ltd) (the “Respondent”). The purpose of the provisional liquidation proceedings was as a result of the Respondent’s failure to effect payment of

By Sean Buskin and checked by Lauren Squier      Background This case concerns an application by the business rescue practitioner (“the Practitioner”) of Ramagale Holdings (Pty) Ltd (“Ramagale”) in order to provisionally wind-up Ramagale. The application was opposed Peter Naledzani Ramaite (“Ramaite”) and Lorenso Manenti (“Manenti”), being shareholders and directors of Ramagale.  The Practitioner

By Courtney Altmuner and checked by Caitlin Wilde       Background Ekurhuleni West College (“the Appellant”), a public college and juristic person entered into a written building contract (“the Contract”) with Trencon Construction (Pty) Ltd (“the Second Respondent”), in terms of which the Second Respondent was to build a conference centre on the premises

By Lindokuhle Mashilo and checked by Kirsten Chetty BACKGROUND This case was an appeal to the Labour Appeal Court (“LAC”), against the whole judgment of the Labour Court (“court a quo”) wherein it was held that the business rescue practitioners’ (“BRPs”) conduct, in issuing a notice in terms of section 189(3) of the Labour Relations