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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 329

Mashilo v Lemmer and Others (33669/2021)

Mashilo v Lemmer and Others (33669/2021) [2024] ZAGPPHC 329 (12 April 2024)

Court
North Gauteng High Court, Pretoria
Case number
33669/2021
Judge
WJ du Plessis

The court found, after considering the heads of argument and authorities cited, that there were no reasonable prospects that another court would reach a different conclusion regarding the order staying the eviction application and referring the matter to trial. Furthermore, there was no compelling reason why an appeal should be entertained. Accordingly, the application for leave to appeal was dismissed with costs.

Source excerpt

  • Leave To Appeal
  • Reasonable Prospects Of Success
  • Costs Order
  • Dispute Of Fact
  • Eviction Stay
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Family And Children [2023] ZAFSHC 275

M.A.M v T.S.M and Another (3337/2023)

M.A.M v T.S.M and Another (3337/2023) [2023] ZAFSHC 275 (19 July 2023)

Court
Free State High Court, Bloemfontein
Case number
3337/2023
Judge
P.E. Molitsoane

The applicant, as a spouse married in community of property, did not consent to the sale and transfer of the joint property. The respondents, as purchasers, claim protection under section 15(9) of the Matrimonial Property Act, arguing they were bona fide and unaware of the lack of consent. The court finds that the applicant has established a prima facie right to interim relief, as her rights as co-owner were potentially infringed. The balance of convenience favours granting the interim interdict to prevent irreparable harm to the applicant and her children, pending the final determination of…

Source excerpt

  • Matrimonial Property Act
  • Interim Interdict
  • Eviction Stay
  • Sale Of Joint Property Without Consent
  • Division Of Estate
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.