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South Africa decisions
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Mooka v Scaw South Africa (Pty) Ltd and Others (J 1079/2022) [2023] ZALCJHB 93; (2023) 44 ILJ 1570 (LC) (21 April 2023)
The Labour Court discharged a rule nisi in a contempt application after finding the applicant failed to disclose a stay order, and ordered de bonis propriis costs against his attorney.
Malepe v Thobejane and Another (1127/2018B) [2018] ZALMPPHC 14 (23 February 2018)
The court found that the applicant failed to make full and honest disclosure of material facts, specifically her institution of divorce proceedings against the deceased and her relationship with another partner. The applicant had disassociated herself from the deceased prior to his death, as evidenced by the divorce summons and her own statements. The deceased had expressed a wish to be buried by the first respondent in cooperation with his family, and this was corroborated by the deceased's brother. The applicant's reliance on the marriage certificate was insufficient given her conduct and l…
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Eldaro Trading (Pty) Ltd v Meraka Lesotho (Pty) Ltd (1092/2016) [2016] ZAFSHC 78 (19 May 2016)
The court set aside an ex parte attachment order used to found jurisdiction, holding that the property was not shown to belong to the respondent when the order was granted.
Tsotetsi and Others v Mabena and Another (29799/2015) [2015] ZAGPJHC 316 (15 December 2015)
The court reconsidered an ex parte interim interdict over a disputed management agreement, found faults in the ex parte process, and narrowed the order while awarding costs.
National Director of Public Prosecutions v Scholtz and Others (2027/2012) [2013] ZANCHC 48 (13 December 2013)
The court confirmed a provisional POCA restraint order, holding that the NDPP could proceed ex parte, had disclosed material facts, and had grounds for confiscation.
National Director of Public Prosecutors v Van Staden and Others, Van Staden and Others v Knoetze and Others (20738/2008) [2011] ZAWCHC 48 (9 March 2011)
The court discharged a provisional restraint order under POCA after finding the NDPP failed to act with scrupulous fairness and full disclosure in an ex parte application.
Moresport (Pty) Limited v Commissioner for the South African Revenue Service and Others (36853/2006) [2008] ZAGPHC 95; 71 SATC 133 (27 March 2008)
The High Court set aside a search-and-seizure warrant after finding that material facts, including a copyright defence, were not disclosed ex parte.
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