v ABSTRACT First, this study stems from the urge to bring clarity as to whether, in Nigeria, there is a ... 1 See the opinion of Trollip JA in v. President Brand Gold Mining Co. Ltd (1969) 3 (SA) 629 (A) 2 Hein Cilliers Loest v. …
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 …
This principle is called Majority rule principle in the case of Trollip JA and Ors v President Brand Gold Mining Co. 1969 (3) SA 629 (A) stating the reluctance of courts to …
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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 as an attorney in Johannesburg. 547 ¹ é ô ö ó è ù ç é è æ ý º å æí ò é ...
In applying the principles laid down in Plascon Evans (Pty) Ltd v Van Riebeeck Paints (Pty) Ltd, 11 the Court must accept the Respondent's version in relation to this dispute. ... 12 Per Trollip JA in v President Brand Gold Mining Company Limited 1969 (3) SA 629 (AD) at 678.
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 …
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As stated by Trollip JA in Sammel & others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 678G-H: 'By becoming a shareholder in a company a person undertakes by his contract to be bound by the decisions of the prescribed majority of shareholders, if those decisions on the affairs of the company are arrived at in accordance with ...
In Sammel v President Brand GM Mining Co Ltd 1969 (3) SA 629 (A) at 679: "[F]raud in that expression does not necessarily mean fraud in its technical sense; it is there used in …
Foss v Harbottle Foss v Harbottle is based on the principles of separate legal personality and the majority rule. ... act if the wrong concerned is one which a simple majority could condone or ratify.Further on minority …
[71] The respondents also quote in their further written argument from the judgment of Trollip, JA in the locus classicus of Sammel v President Brand Gold Mining Co Ltd. But here the slip shows in the respondents' argument, because although that case was concerned with a take-over, it was held to have been bona fide.
Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) par678. [6] Max Rainer Companies Act provides relief for prejudiced minority shareholders, De Rebus in 2019 (Aug) DR 14.
R v Varlo [1775] 1 Cowp 248 & Others v President Brand Gold Mining Co Ltd [1963] (3) SA 629 (A) Salomon v Salomon & Co Ltd [1897] AC 22(HL) Society of Practical Knowledge v. Abbott [1840] 2 Beav. 559 Thurgwood v. Dick Kruger Traders (Pty) Ltd [1990](2) SA 44 (E) 46 TWK Agriculture Ltd v NCT Forestry Co-operative Ltd and …
Map courtesy of Google. ROSARIO, Agusan del Sur (MindaNews / 30 March) — The Filipino president of a gold mining company here has linked the temporary restraining order issued by a court in Davao City preventing him from performing his functions to an alleged move by their Australian partner to take over the company.
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Stephen Maina Githiga v Kiru Tea Factory Co. Ltd & another [2017] eKLR Sultan Hashern Lalji & 2 others v Ahmed Hashern Lalji & 4 others [2014] eKLR Tash Goel Vedprakash v Moses Wambua Mutua & another, eKLR Tonstate Group v Wojakovski [2019] EWHC 857 (Ch). Trollip JA and Others v President Brand Gold Mining Company [1969] …
November 2015) 37 and Global Vitality Incorporated v Enzyme Process Africa (Pty) Limited and Others (20884/2013) [2015] ZAWCHC 111 (21 August 2015) para 76. [14] The status of the applicant as a shareholder of the first respondent is ... (Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (AD) at 666; Oakland case supra at 453;
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 February 1997, which, although only in draft form, were accepted as an accurate reflection of the company's position. The statements
In dealing with the second question, the court in Du Plooy referred with approval to Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (AD) at 666 where it was held that '[o]wnership of …
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 respective respondents to be wound-up.
See also Sammel v President Brand, above at note 1 at 699–706, where the appeal court stated that the law is only concerned with the registered holder of the …
The mining method employed at the President Brand Free Gold South Mine is open stope, which involves excavating ore from large underground chambers. In 1982, the mine had a capacity to extract 10,460 metric tons of ore per day, with a production cost of $6.48 per metric ton of ore mined.
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 …
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 ...
This is a relatively new concept in South Africa, as opposed to many foreign jurisdictions where appraisal rights have already found application for decades. v President …
v) His rights as shareholder have and are being ignored. b) The Respondent contends that the Applicant ignores the fact that the relationship between the parties operated on two levels: i) The flower growing business, where the Applicant was a loyal, skilled and trustworthy employee whose level of responsibility increased over time.
This principle comes from the case of Sammel v President Brand Gold Mining Co Ltd. The principle of majority rule must be balanced against the need to protect minority shareholders. Minority protection is the cornerstone of …
[5] Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) par678. [6] Max Rainer Companies Act provides relief for prejudiced minority …
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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 affairs with the result that one is outvoted in the general meeting or otherwise, is not sufficient to entitle the applicant to …
To hold otherwise would enable a member to be relieved from the consequences of a bargain knowingly entered into by him. For, as Trollip JA put it in Sammel v President …
The Supreme Court of Appeal (the SCA), however, recently held in Gent and Another v Du Plessis9 that a court is not empowered to grant relief in terms of s 163(2) where no case …
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