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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 326

Mathie N.O and Another v Lourens and Another

Mathie N.O and Another v Lourens and Another [2023] ZAGPPHC 326; 015450/2022 (17 May 2023)

High Court summary judgment granted for the deceased estate to recover R1 million transferred by the respondent from the deceased’s bank account.

  • Summary Judgment
  • Bona Fide Defence
  • Oral Agreement
  • Capacity To Contract
  • Summary-judgment
  • Bona-fide-defence
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Civil Procedure [2018] ZAFSHC 33

Hamilton and Another v Badenhorst and Others (5348/2017)

Hamilton and Another v Badenhorst and Others (5348/2017) [2018] ZAFSHC 33 (29 March 2018)

The court dismissed an application to validate and register a draft inter vivos trust, holding that no valid trust agreement existed and the bequest could not be enforced.

  • Trust Creation
  • Testamentary Disposition
  • Capacity To Contract
  • Wills Act Compliance
  • Beneficiary Existence
  • Trust-creation
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Civil Procedure [2016] ZAGPJHC 113

Wie obo G v MEC for Health And Social Development of the Gauteng Provincial Government (05715/2013)

Wie obo G v MEC for Health And Social Development of the Gauteng Provincial Government (05715/2013) [2016] ZAGPJHC 113 (19 May 2016)

The court dismissed a claim for judgment on a settlement offer after finding the minor’s guardian lacked capacity to accept it after death.

  • Capacity To Contract
  • Contingency Fees Act
  • Acceptance Of Settlement Offer
  • Rule 34 Settlement
  • Estate Administration
  • Settlement-offers
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Commercial And Corporate [2009] ZAGPPHC 157

Manitoba Investment Holdings Ltd v Lipchin and Others (36514/2008)

Manitoba Investment Holdings Ltd v Lipchin and Others (36514/2008) [2009] ZAGPPHC 157; 2010 (2) SA 612 (GNP) (8 October 2009)

The High Court held that de-registration of an external company did not deprive it of contractual capacity, and dismissed its bid to void a property sale.

  • External Company Registration
  • Capacity To Contract
  • Nullity Of Contract
  • Immovable Property Acquisition
  • External-company-registration
  • Capacity-to-contract
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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.