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South Africa decisions
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Qabaka and Others v South African Women In Mining Association and Others (37505/2019) [2023] ZAGPJHC 1105 (6 April 2023)
The court dismissed an application to enforce a prior reinstatement order, finding contempt not proved and no basis to interdict a later board resolution.
Monageng NO and Another v Poswa NO and Others (38283/2019) [2020] ZAGPJHC 318 (8 September 2020)
The court held that, except for the absence of a tender for repayment of amounts received and incorrect paragraph references, the amended particulars of claim are not vague and embarrassing and contain sufficient averments to sustain the causes of action for restitution and related relief. The failure to cite all trustees is not excipiable at the exception stage and is more appropriately raised by special plea. The objections based on the building management agreement, suspensive conditions, and alleged payment or overpayment require extrinsic evidence and are not suitable for determination b…
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