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Mnisi v Makhubela and Another (465/2020) [2021] ZAGPPHC 285 (14 April 2021)
The High Court dismissed an opposed motion for interdicts because key facts were disputed and the applicant failed to use proper procedure. Costs were awarded on an attorney-and-client scale.
Nel v Ramwell t/a Ramwell Attorneys (18171/2018) [2019] ZAGPJHC 28 (1 March 2019)
The application was dismissed because the material disputes of fact between the parties could not be resolved on the papers alone. The applicant's belated request for referral to oral evidence was refused, as such applications must be made in limine and no exceptional circumstances were shown. The factual disputes were wide-ranging and required full ventilation at trial. The respondent's version was not so implausible or untenable as to be rejected on the papers, and the applicant had elected to proceed by way of motion proceedings despite being alerted to the inappropriateness of this proced…
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