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. …
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. …
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
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 shareholders could not use the power to "discriminate between themselves and the minority shareholders so as to give themselves an advantage at the expense of the minority ...
Dadani v Manji & 3 Others, [2002] eKLR Daniels v Daniels [1978] Ch. 406 ... Grant v UK Switchback Railways [1888] 40 Ch 13A (CA) Greenhalgh v Aderne Cinemas Limited, 1951 Ch. 286 In the Matter of GMC Holdings Limited [2012] eKLR ... Trollip JA and Others v President Brand Gold Mining Company [1969] (3) SA 629 (A). xi
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 …
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) …
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.
Russell v Northern Bank Development Corporation [1992] 1 WLR 588 (HL) Sammel v President Brand Gold Mining Co Ltd 1969 3 SA 629 (A) Sasfin (Pty) Ltd v Beukes 1989 1 SA 1 (A) Scottish Co-operative Wholesale Society Ltd v Meyer [1959] AC 324 . South African Broadcasting Corporation Limited v Mpofu 2009 4 All SA 169 (GSJ)
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
v President Brand Gold Mining Co Ltd[9] by Trollip JA, that majority shareholders could not use the ... 1969 (3) SA 629 (A) (at 680). [10] 2001 (3) SA 1074 (C). [11] (1887) 12 App Cas 589 (PC). [12] [1974] 2 All ER 625 (Ch). Share Article: Title: Delinquent Directors and the Shareholder-Director Conundrum Author: Schindlers Attorneys
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 …
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 …
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 …
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. …
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) ...
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; [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 4" 629 and 3" 629 Deluxe make one heck of a pair! sudden impact. Then, at SHOT Show 2017, Smith & Wesson introduced the 629 Deluxe, three-inch barreled version (and some other barrel length that isn't three inches, so who cares?). I bugged the folks at my local funshop until they found me a brand-new, Talo 629-6 with a 3" snout. I ...
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 ... N.O. v Mavjee Bhawan (Pty) Ltd and another 1967 (3) SA 131 (T) at 137. In addition the conduct must not be wholly unconnected with the administration of the company's affairs.
and ors v president brand gold mining 1969 3 629 ca Protecting your rights as a minority shareholder in South, In Sammel v President Brand Gold Mining Co Ltd 1969 3 SA 629 A at 678 the following was stated B y becoming a shareholder in a company a person undertakes to be bound by the decisions of the prescribed majority of the shareholders, if ...
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 …
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 ...