Question 1 " by becoming a shareholder in accompany, 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 law, even where they adversely affect his own rights as a shareholder " Per Trollip JA in and ORS 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 …

Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) 678. (2013) ... (CA) 390; see also Cook v. Deeks [1916] 1 AC 554 (PC ... The president was granted leave to pursue a ...

REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH . v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) Trollip JA said that the 'principle of the supremacy of the majority is essential to the proper functioning of This principle is called Majority rule principle in the case of Trollip JA and Ors v President Brand Gold Mining Co 1969 (3) …

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 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 ...

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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 …

shares not being dependent on registration (Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (AD) at 666; Oakland case supra at 453; Botha v Fick 1995 (2) SA 750 (AD) at 764–765; Watt v Sea Plant Products Ltd 1999 (4) SA 443 (C) at 453; confirmed on appeal: 2000 (4) SA 711 (SCA);

In conclusion, my own assessment on the issue of majority rule stated in the case of Per Trolip JA in and Ors v President Brand Gold Mining Co. 1969 (3) SA 629 (A) is that it is true a that democracy has to be followed in running the company but that does not mean that others should suffer as a result of the democracy in decision making.

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 …

Majority must exercise powers 'bona fide for the company as a whole' *Allen v Gold Reef of West Africa [1900]1 Ch 656 Shuttleworth v Cox Bros [1927]2 KB 9 *Greenhalgh v Ardene Cinemas [1951] Ch 286 Rights and Issues Investment Trust v Stylo Shoes [1964]3 All ER 628 *Clemens v Clemens Bros [1976] 2 All ER 268 Northern Countries Securities v …

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 …

Absa Bank v Zwahili Game Lodge (Pty) Ltd, Absa Bank v Nylstroom Wildplase (Pty) Ltd, Absa Bank v Smartspec Property Investments (Pty) Ltd (97831/15, 97982/15, 97832/15) [2019] ZAGPPHC 419 (5 September 2019)

v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) Trollip JA said that the 'principle of the supremacy of the majority is essential to the proper functioning of …

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PROTECTION FOR MINORITY SHAREHOLDERS (week 6 and 7) Kiggundu chapter 14 and 15 A. THE PRINCIPLE OF MAJORITY RULE Sammel & Ors v President Brand Gold Mining Co Ltd 1969 (3) SA 629 North-West Transportation v Beatty (1987) 12 App Cas 589 B. THE RULE IN FOSS V HARBOTTLE Foss v Harbottle (1843)2 Hare 461 McDougall …

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

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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 …

Yende v Orlando Coal Distributors (Pty) Ltd 1961 (3) SA 314 (W) Par316 and Hahlo's South. African Company Law Through the Cases 6e page381 par2 and page403 par2. 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. …

Act 4th ed vol 2 at 586; Sammel and Others v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) at 662F)"." [9] As indicated in paragraph [5] above, it was contended on …

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 ...

The derivative action protects minority shareholders and balances the principles of majority rule and minority protection. As a company is a separate legal entity (due to the principle of separate legal personality) the company must sue and be sued in its own name. The board of directors must manage the business and the affairs of the company (by virtue of …

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 …

President Brand Mine,Lejweleputswa District,Free State Province,South Africa : A gold platinum mine in the Witwatersrand Reef.Owned by Anglo American Corp.of. Census 2011 — Sub Place "President Brand Gold Mine" President Brand Gold Mine Sub Place 467009024 from Census 2011.view larger map • download KML file.Area: 36.46 km. …

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Sammel v President Brand Gold Mining Co Ltd 1969 (3) SA 629 (A) 680; ... Management (Pty) Ltd 2015 (3) SA 146 (WCC) par 4; Geffen v Martin [2018] 1 All SA 21 (WCC) par 23. For a detailed discussion on the meaning of these terms, see Cassim et al Contemporary Company Law 769–772; Delport Henochsberg on the Companies Act 71 of 2008 574(5) ...

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 ...

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