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South Africa Case Law

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Civil Procedure [2025] ZALMPPHC 152

Sunset Game Lodge CC v Da Costa and Another (9452/2023)

Sunset Game Lodge CC v Da Costa and Another (9452/2023) [2025] ZALMPPHC 152 (8 August 2025)

Court
Limpopo High Court, Polokwane
Case number
9452/2023
Judge
Bresler

The court found that none of the grounds advanced by the applicant established reasonable prospects of success on appeal. There was no material factual dispute requiring referral to trial, and the matter was capable of determination on affidavit. The lease agreement was validly cancelled, and the applicant failed to show entitlement to transfer of ownership. The issue regarding the Kruger-permit was rendered moot by the cancellation. The cost order was properly granted to the successful party, and no irregularity or misdirection was shown. Accordingly, the application for leave to appeal was…

Source excerpt

  • Leave To Appeal
  • Contractual Possession
  • Valid Cancellation
  • Costs Award
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Civil Procedure [2005] ZAFSHC 128

Alsairi v BCF Distributors (Pty) Ltd (3514/2004)

Alsairi v BCF Distributors (Pty) Ltd (3514/2004) [2005] ZAFSHC 128 (21 June 2005)

Court
Free State High Court, Bloemfontein
Case number
3514/2004
Judge
Rampai

The court found that the applicant was in peaceful and undisturbed possession of the property until dispossessed by the respondent, and that the written contract governed possession, with no credible evidence of a prior oral agreement to the contrary. The respondent's consent to the confirmation of the rule nisi amounted to an admission of the applicant's version, and the respondent's subsequent attempt to revisit the merits for costs purposes was impermissible. The court scrutinized the respondent's allegations of misconduct and found no substance or evidence of unethical conduct by the appl…

Source excerpt

  • Spoliation
  • Costs Award
  • Urgent Interdict
  • Contractual Possession
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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.

Source links and collection timestamps are retained alongside the indexed records.