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South Africa decisions
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Maimane v Shole-Mashao N.O and Others (22-19945) [2023] ZAGPJHC 1207 (23 October 2023)
The High Court held that a will was invalid for non-compliance with Wills Act formalities and rejected reliance on section 2(3) without a counter-application.
Minister of Defence and Military Veterans and Others v O'Brien N.O and Others (76995/2018) [2020] ZAGPPHC 178 (4 May 2020)
The court found that the applicants failed to comply with the prescribed time periods for filing both the notice to remove cause of complaint and the rule 30 and 30A application. The explanation for the delay was inadequate, as the time period runs from the date of awareness of the step, not the alleged irregularity. The applicants did not seek condonation for the initial delay and their subsequent explanation regarding case management and roll congestion was rejected. The court held that the filing of a combined answering affidavit and founding affidavit in the counter-application is permiss…
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Dayken Properties CC and Another v Dania Investments (Pty) Limited and Others (AR260/2016) [2018] ZAKZDHC 41 (24 August 2018)
The High Court dismissed an appeal seeking to compel a developer to establish a nature reserve, but upheld an appeal against a counter-application about body corporate duties.
Van Loggerenberg and Another v Prigge and Others (91711/2016) [2017] ZAGPPHC 1213 (6 December 2017)
The High Court held that the 2016 will of Maria Petronella Fredrika Roets was invalid for non-compliance with the Wills Act and dismissed the counterapplication.
Du Plessis v Todd and Others; Jooste v Master of the High Court and Others (175/2002) [2002] ZANWHC 44 (5 December 2002)
The High Court dismissed a counter-application over an aircraft sale, finding no jurisdiction, procedural defects under Rule 53, non-joinder, and a material dispute of fact.
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