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South Africa decisions
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De Filippo v Micillo (Reasons) (11709/2017) [2024] ZAWCHC 289 (23 September 2024)
The court found oral agreements about two Cape Town properties, ordered payment of sale proceeds and transfer steps, and granted costs against the defendant.
Summermania Eleven (Pty) Ltd v Hattingh N O (316/2022) [2024] ZASCA 42 (5 April 2024)
The Supreme Court of Appeal held that Summermania failed to prove breach of a game-number warranty, and dismissed the appeal with costs.
Ubisi v Road Accident Fund (A 40/2023) [2024] ZAMPMBHC 33 (28 March 2024)
The court held that the court a quo misdirected itself by rejecting the affidavits after admitting them as exhibits. Once admitted, the affidavits should have been evaluated for probity and weight. The appellant proved, on a balance of probabilities, that he sustained injuries as a result of the wrongful conduct of the insured driver, and the respondent is liable under the Road Accident Fund Act. The court found that, despite deficiencies in pleadings and expert reports, the evidence supported the claim for loss of earnings and future medical expenses, subject to a 60% contingency deduction d…
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