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South Africa Case Law

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Civil Procedure [2021] ZAKZDHC 48

Wexdent Properties CC v Vishal Junkeeparsad & Company Inc and Another (D6378/2021)

Wexdent Properties CC v Vishal Junkeeparsad & Company Inc and Another (D6378/2021) [2021] ZAKZDHC 48 (20 December 2021)

The court ordered an attorney to pay over sale proceeds retained in trust, holding that FICA did not justify withholding payment after transfer was registered.

  • Attorney Trust Accounts
  • Fica Compliance
  • Specific Performance
  • Punitive Costs
  • Sale Of Immovable Property
  • Fica-compliance
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Civil Procedure [2017] ZAGPPHC 924

Mkhabela v Bothma and Others (2016/48410)

Mkhabela v Bothma and Others (2016/48410) [2017] ZAGPPHC 924 (14 December 2017)

The court found that the applicant had proven, beyond a reasonable doubt, that the first and second respondents were in contempt of the court order dated 26 May 2016. The respondents' explanation regarding the loan to Brakspruit Boerdery Trust was rejected as highly improbable and lacking any credible evidence or details. The court concluded that the trust was under the control of the first respondent and that the respondents' conduct was wilful and mala fide. The respondents failed to pay the proceeds of the Road Accident Fund claim to the applicant's attorneys of record as required by the c…

  • Civil Contempt Of Court
  • Enforcement Of Court Orders
  • Road Accident Fund Claims
  • Attorney Trust Accounts
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.