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South Africa decisions
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Engelbrecht N.O and Others v Maluleke and Others (11334/2022) [2024] ZALMPPHC 137 (16 August 2024)
The High Court confirmed cancellation of a lease and ordered eviction of unlawful occupiers after rent arrears and non-compliance with PIE requirements were found proved.
Road Accident Fund v Phungula (38313/2018) [2024] ZAGPPHC 543 (13 June 2024)
The High Court dismissed the Road Accident Fund’s rescission and condonation application, finding no reasonable default explanation or bona fide defence.
Apis Growth 8 BEE South Africa Proprietary Limited, Apis Growth 8 Limited v SPE Mid-Market Fund I General Partner Proprietary Limited (2023/068926) [2024] ZAGPJHC 347 (3 April 2024)
The High Court held that a ceded guarantee claim was enforceable against the respondent, rejected an exchange-control defence, and awarded the balance plus interest and costs.
Pollock N.O and Others v Nesane and Others [2023] ZAGPPHC 430; 2020/56445 (18 May 2023)
The High Court dismissed a late postponement request and upheld an unopposed section 31 Insolvency Act application, setting aside dispositions and ordering repayment, penalties, interest, and costs.
Firstrand Bank Limited v Vorster N.O and Others (M150/2018) [2018] ZANWHC 78 (13 December 2018)
The court dismissed jurisdiction and NCA objections, held the trust was properly represented by three trustees, and granted judgment for the bank with costs.
Firstrand Bank Limited Trading t/a First National Bank v Gootspa Investments (Pty) Ltd and Others (30727/2015) [2018] ZAGPJHC 597 (24 August 2018)
The court found that the applicant's founding papers, including the notice of motion and founding affidavit, clearly set out claims against the tenth respondent for all seven debts as surety. The respondent's reliance on a single paragraph in isolation was rejected as opportunistic. The applicant's provision of certificates of balance calculated at the lower interest rate claimed by the respondent did not constitute new matter but was a permissible limitation of the quantum claimed. The respondent's application to strike out the certificates was dismissed. The respondent failed to provide any…
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Isimangaliso Wetlands Park Authority and Others v Mthembu and Another (3188/2010) [2010] ZAKZDHC 29 (15 July 2010)
The court found that the respondents were in contempt of clear and unambiguous court orders prohibiting construction, removal of vegetation, and commercial activities within the iSimangaliso Wetland Park. The evidence demonstrated willful and mala fide non-compliance, including ongoing illegal building, hostile conduct, and threats against park officials. The respondents failed to produce any valid permission to occupy or develop the land, and their defences of locus standi, lis pendens, res judicata, and non-joinder were without merit. The court held that the rule of law must be upheld and t…
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Mimmo's Franschising CC and Others v Spiro and Others (J1888/00) [2000] ZALC 41 (6 June 2000)
The Labour Court dismissed an urgent application to rescind awards and stop execution, holding that urgency was not shown and CCMA rescission powers lay with commissioners.
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