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South Africa decisions
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Mpumalanga Economic Growth Agency v Roadspan Surfaces (Pty) Ltd (2548/2020) [2023] ZAMPMBHC 69 (9 November 2023)
The court dismissed MEGA’s Rule 30 application for late service and upheld Roadspan’s Rule 30 challenge, finding MEGA’s application irregular and awarding costs.
Moto Health Care Medical Scheme v HMI Healthcare Corporation (Pty) Ltd and Others (341/18) [2019] ZASCA 87 (31 May 2019)
The SCA held that Moto Health was not entitled to declaratory relief on waiver, condonation, or prescription, and dismissed the appeal with costs.
Hunter Mitchell Projects CC v All Aluminium CC and Another (16625/2011) [2012] ZAWCHC 1 (23 January 2012)
The court found that the service of the final emoluments attachment order on Kingswood Golf Estate on 7 February 2011, after the provisional liquidation order was granted, constituted both continuation of civil proceedings and execution put in force against the assets of the company after commencement of winding-up proceedings. This violated section 359(1)(a) and (b) of the Companies Act, 61 of 1973. The court rejected the respondent's argument that the attachment was effected before liquidation, noting that the confirmation of the garnishee order did not bring finality and that enforcement s…
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