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M.M.M and Others v L.N.M and Others (86457/2023) [2023] ZAGPJHC 1032 (7 September 2023)
Urgent application over a burial dispute was struck off after the deceased had already been buried and decomposition had begun.
Gianchandi v Registrar of Deeds, Pietermaritzburg and Others (D3519/2021) [2023] ZAKZDHC 10 (14 March 2023)
The court found that the application was not urgent as the deceased had already been buried and decomposition had commenced, making the prospect of a viewing unlikely. The applicants failed to demonstrate that they could not obtain substantial redress in the ordinary course, and no evidence of foul play or need for an autopsy was presented. While the conduct of the first respondent was condemned as insensitive and inappropriate, the legal threshold for urgency was not met. The matter was therefore struck from the urgent roll, with no order as to costs.
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