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South Africa Case Law

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Land And Property [2024] ZALCC 25

Khumalo v Len Smith Investment Holdings CC and Another (LCC175/2016)

Khumalo v Len Smith Investment Holdings CC and Another (LCC175/2016) [2024] ZALCC 25 (2 September 2024)

The Land Claims Court granted condonation and ordered the respondents to comply with a meaningful engagement order about access to a farm route.

  • Contempt Of Court
  • Meaningful Engagement
  • Security Of Tenure
  • Condonation
  • Commissioning Of Affidavit
  • Contempt-of-court
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Delict [2023] ZAMPMBHC 24

Mabuza v Letwaba (5068/2021)

Mabuza v Letwaba (5068/2021) [2023] ZAMPMBHC 24 (12 April 2023)

The High Court held that defamatory allegations made about David Mabuza on television were unproven and ordered an interdict, apology, and costs.

  • Defamation
  • Interdict
  • Public Apology
  • Commissioning Of Affidavit
  • Jurisdiction
  • Fair Comment
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Land And Property [2018] ZAGPPHC 631

Gokaldas v Allah Wala Wholesalers (45779/2017)

Gokaldas v Allah Wala Wholesalers (45779/2017) [2018] ZAGPPHC 631 (23 August 2018)

The High Court cancelled an oral lease and ordered eviction after finding non-payment of rent, but it refused monetary judgment because the arrears were not proved.

  • Eviction Of Commercial Tenant
  • Oral Lease Agreement
  • Arrear Rental
  • Condonation Of Late Affidavit
  • Locus Standi
  • Commissioning Of Affidavit
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Civil Procedure [2017] ZAGPPHC 1156

Oliphant v Firstrand Bank Limited (3101/2015)

Oliphant v Firstrand Bank Limited (3101/2015) [2017] ZAGPPHC 1156 (20 October 2017)

The applicant was not in willful default, as she acted on a bona fide but mistaken belief that payment of arrears would resolve the matter. However, she failed to establish a bona fide defence, as she remained in arrears for January and February 2015 when the default judgment was granted. The respondent's failure to disclose the applicant's payment was remiss but not fraudulent. The summons served was not defective, as it bore the Registrar's name, and the affidavit supporting default judgment was properly commissioned after correction. The section 129 notice was properly served. The applicat…

  • Rescission Of Judgment
  • Default Judgment
  • Mortgage Bond Enforcement
  • Section 129 Notice
  • Commissioning Of Affidavit
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About this LexChat collection

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.