Gatenby V Gatenby And Others
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Gatenby V Gatenby And Others
''Gatenby v Gatenby and Others'' is an important case in South African law, heard in the Eastern Cape Division by Jones J on March 28 and April 9, 1996, with judgment handed down on April 23. IJ Smuts appeared for the applicant, and MJ Lowe for the respondents. Section 49(2) of the Close Corporations Act gives the court the power to order the sale of a corporation asset in order to enable a member who is being prejudiced, as contemplated by section 49, to be paid out for his interest and thereby to bring about a termination of his membership. There is no justification, the court found, in either the wording or the spirit of section 49 for limiting the court's discretion by interpreting section 49(2) as not authorising the court to order a corporation to sell its assets. The power of the Court to "make such order as it thinks fit ..for regulating the future conduct of the affairs of the corporation" is not restricted to an order relating to the pursuance of the objects contained in ...
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Garden Province Investment V Aleph
A garden is a planned space, usually outdoors, set aside for the cultivation, display, and enjoyment of plants and other forms of nature. The single feature identifying even the wildest wild garden is ''control''. The garden can incorporate both natural and artificial materials. Gardens often have design features including statuary, follies, pergolas, trellises, stumperies, dry creek beds, and water features such as fountains, ponds (with or without fish), waterfalls or creeks. Some gardens are for ornamental purposes only, while others also produce food crops, sometimes in separate areas, or sometimes intermixed with the ornamental plants. Food-producing gardens are distinguished from farms by their smaller scale, more labor-intensive methods, and their purpose (enjoyment of a hobby or self-sustenance rather than producing for sale, as in a market garden). Flower gardens combine plants of different heights, colors, textures, and fragrances to create interest and delight the se ...
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Close Corporation
Close may refer to: Music * ''Close'' (Kim Wilde album), 1988 * ''Close'' (Marvin Sapp album), 2017 * ''Close'' (Sean Bonniwell album), 1969 * "Close" (Sub Focus song), 2014 * "Close" (Nick Jonas song), 2016 * "Close" (Rae Sremmurd song), 2018 * "Close" (Jade Eagleson song), 2020 * "Close (to the Edit)", a 1984 song by Art of Noise * "Close", song by Aaron Lines from ''Living Out Loud'' * "Close", song by Drumsound & Bassline Smith from ''Wall of Sound'' * "Close", song by Rascal Flatts from ''Unstoppable'' * "Close", song by Soul Asylum from ''Candy from a Stranger'' * "Close", song by Westlife from '' Coast to Coast'' * "Close", song by French electronic group Telepopmusik and English vocalist Deborah Anderson, from their album '' Angel Milk'' Other uses * Close (surname) * Cathedral close, the area surrounding a cathedral, typically occupied by buildings associated with it * ''Close'' (2019 film), an action thriller * ''Close'' (2022 film), a Belgian drama film * Close, ...
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Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ...
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South African Company Law
South African company law is that body of rules which regulates corporations formed under the Companies Act. A company is a business organisation which earns income by the production or sale of goods or services. This entry also covers rules by which partnerships and trusts are governed in South Africa, together with (albeit in less detail) cooperatives and sole proprietorships. Features A company has (but is not limited to) three distinguishing features: # its legal separateness from the people involved in it—specifically from its owners, called shareholders, # its potential immortality, and # its size. Separateness A company is separate from its employees, shareholders or members (in the case of close corporations), in that the connection between them is, usually, a mere contract of employment, which may be terminated, leaving both parties to go their own ways. The same generally applies, however, to those businesses which are not companies. There is also, more importan ...
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Garden Province Investment And Others V Aleph (Pty) Ltd And Others
A garden is a planned space, usually outdoors, set aside for the cultivation, display, and enjoyment of plants and other forms of nature. The single feature identifying even the wildest wild garden is ''control''. The garden can incorporate both natural and artificial materials. Gardens often have design features including statuary, follies, pergolas, trellises, stumperies, dry creek beds, and water features such as fountains, ponds (with or without fish), waterfalls or creeks. Some gardens are for ornamental purposes only, while others also produce food crops, sometimes in separate areas, or sometimes intermixed with the ornamental plants. Food-producing gardens are distinguished from farms by their smaller scale, more labor-intensive methods, and their purpose (enjoyment of a hobby or self-sustenance rather than producing for sale, as in a market garden). Flower gardens combine plants of different heights, colors, textures, and fragrances to create interest and delight the se ...
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South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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1996 In South African Law
File:1996 Events Collage.png, From left, clockwise: A Centennial Olympic Park bombing, bomb explodes at Centennial Olympic Park in Atlanta, set off by a radical Anti-abortion violence, anti-abortionist; The center fuel tank explodes on TWA Flight 800, causing the plane to crash and killing everyone on board; Eight people 1996 Mount Everest disaster, die in a blizzard on Mount Everest; Dolly (sheep), Dolly the Sheep becomes the first mammal to have been cloned from an adult somatic cell; The Port Arthur massacre (Australia), Port Arthur Massacre occurs on Tasmania, and leads to major changes in Gun laws of Australia, Australia's gun laws; Macarena, sung by Los del Río and remixed by The Bayside Boys, becomes a major dance craze and cultural phenomenon; Ethiopian Airlines Flight 961 crash-ditches off of the Comoros Islands after the plane was Aircraft hijacking, hijacked; the 1996 Summer Olympics are held in Atlanta, marking the Centennial (100th Anniversary) of the modern Olympic Gam ...
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1996 In Case Law
File:1996 Events Collage.png, From left, clockwise: A Centennial Olympic Park bombing, bomb explodes at Centennial Olympic Park in Atlanta, set off by a radical Anti-abortion violence, anti-abortionist; The center fuel tank explodes on TWA Flight 800, causing the plane to crash and killing everyone on board; Eight people 1996 Mount Everest disaster, die in a blizzard on Mount Everest; Dolly (sheep), Dolly the Sheep becomes the first mammal to have been cloned from an adult somatic cell; The Port Arthur massacre (Australia), Port Arthur Massacre occurs on Tasmania, and leads to major changes in Gun laws of Australia, Australia's gun laws; Macarena, sung by Los del Río and remixed by The Bayside Boys, becomes a major dance craze and cultural phenomenon; Ethiopian Airlines Flight 961 crash-ditches off of the Comoros Islands after the plane was Aircraft hijacking, hijacked; the 1996 Summer Olympics are held in Atlanta, marking the Centennial (100th Anniversary) of the modern Olympic Gam ...
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