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D-Kon Developments CC v Nwedamutswu N.O and Another (23508/16) [2021] ZAGPPHC 754 (28 October 2021)
The High Court refused provisional sentence, holding that factual disputes and a prescription defence justified converting the matter into an action for trial.
Moolmam v Nyati Meats CC and Another (35045/18) [2020] ZAGPPHC 368 (2 July 2020)
The court found that the application for liquidation was not competent due to the existence of bona fide and reasonable disputes of fact regarding the alleged indebtedness and delivery of livestock. Liquidation proceedings are not appropriate for resolving disputed claims, which should be determined by way of action. The applicant failed to comply with statutory requirements for service of demand at the registered office of the first respondent, rendering the application irregular. The request to refer the matter to trial was refused, as such referral is not suitable in liquidation proceeding…
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