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South Africa decisions
Decisions matching the current search
Phoka v Chaka and Others (1591/2020) [2022] ZAFSHC 364 (4 October 2022)
The court dismissed an application to exclude a minor child from death and pension benefits, finding disputed facts about customary marriage and dependency required oral evidence.
E-MD Technologies (Pty) Ltd v Soni and Others (DA18/18) [2020] ZALAC 12 (18 May 2020)
The court held that the appellant failed to discharge the onus of proving that the MoU was signed by the first respondent. The respondent's version, supported by affidavit and email evidence, established that he did not assent to the agreement and withheld his signature pending legal advice. The dispute of fact regarding the conclusion of the MoU was genuine and bona fide, and not so farfetched or untenable as to be rejected on the papers. Applying the Plascon Evans rule, the court was obliged to accept the respondent's version for purposes of resolving the dispute. Consequently, there was no…
Source excerpt
National Scrap Metal v Murray & Roberts (809/2011) [2012] ZASCA 47; 2012 (5) SA 300 (SCA) (29 March 2012)
The Supreme Court of Appeal held that disputed facts about an alleged oral lease could not be rejected on the papers and reinstated the appellants’ possession claims.
Chemical Industries National Provident Fund v Tristar Investments (Pty) Ltd (A5053/09) [2010] ZAGPJHC 23 (22 April 2010)
High Court appeal over whether disputed trustee minutes proved Tristar’s valid appointment under the Fund’s rules. The matter was sent to trial.
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