- Flynote
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Delict – action for damages by shareholders – necessary averments – alleged
breach of contractual duty owed to a company resulting in its liquidation – shareholders
suing the other contracting party for damages representing loss of dividends – no allegation
in particulars of claim that shareholders’ loss separate and distinct from that suffered by the
company and caused by breach of a legal duty independently owed to shareholders –
exception that particulars of claim not disclosing a cause of action rightly allowed by high
court.
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Cited documents 7
Judgment 7
- Country Cloud Trading CC v MEC, Department of Infrastructure Development, Gauteng [2014] ZACC 28 (3 October 2014)
- Gihwala and Others v Grancy Property Ltd and Others (20760/2014) [2016] ZASCA 35 (24 March 2016)
- Itzikowitz v Absa Bank Ltd (20729/2014) [2016] ZASCA 43 (31 March 2016)
- Mkhize NO v Premier of the Province of Kwazulu-Natal And Others [2018] ZACC 50 (6 December 2018)
- Molaudzi v S [2015] ZACC 20 (25 June 2015)
- National Sorghum Breweries (Pty) Limited t/a Vivo Africa Breweries v International Liquor Distributors (Pty) Limited (72/1999) [2000] ZASCA 70 (28 November 2000)
- Smith v Porritt and Others (536/2005) [2007] ZASCA 19 (23 March 2007)