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South Africa decisions
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Chundhur v Rampersad (D7934/2020) [2022] ZAKZDHC 28 (24 June 2022)
A property encroachment dispute was adjourned sine die while the court ordered expert reports and further submissions on possible alternative remedies.
Engen Petroleum Limited v Sagewise 1068 CC t/a Kutloano Filling Station and Another (47215/12) [2014] ZAGPJHC 453 (5 August 2014)
The court found that the applicant, as head lessee, retains possessory rights to evict the respondents, notwithstanding the liquidation of the original lessor. The Petroleum Products Act 120 of 1977, as amended, does not extinguish these common law rights, as there is no clear legislative intention to do so. Previous unreported judgments in the Division have addressed and rejected the respondents' arguments regarding statutory displacement of possessory rights. The doctrine of precedent binds the court to follow those decisions unless they are clearly wrong, which was not established. The res…
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Mangqo v MEC for Department of Social Development, Eastern Cape (563/2008) [2012] ZAECMHC 15 (11 October 2012)
A counter-application to set aside a prior order for alleged fraud was dismissed because the fraud allegations were not proved with sufficient precision.
Tecmed (Pty) Ltd and Another v Minister of Health and Others (16980/11) [2012] ZAGPPHC 112 (15 June 2012)
The court dismissed an exception to particulars of claim, holding that the pleadings disclosed a cause of action and that PAJA did not exclude common-law remedies.
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