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South Africa Case Law

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Land And Property [2024] ZAECMHC 87

Dumalisile v Gushman (Reasons) (4437/2024)

Dumalisile v Gushman (Reasons) (4437/2024) [2024] ZAECMHC 87 (31 October 2024)

Court
Eastern Cape High Court, Mthatha
Case number
4437/2024
Judge
Mhambi

The court found that the applicant, as executor, had placed Ms. Khululwa Gubevu in possession of the property and that this possession was unlawfully disturbed by the respondent and others on 5 October 2024. The respondent's claim to ownership and challenge to the applicant's locus standi were rejected, as the law recognizes the executor's quasi-possession and fiduciary duty to protect estate assets. The defence of counter-spoliation was dismissed as it does not exist independently of spoliation and cannot justify continued unlawful deprivation. The court held that the only relevant inquiry i…

Source excerpt

  • Mandament Van Spolie
  • Possession
  • Counter Spoliation
  • Executor Locus Standi
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Civil Procedure [2024] ZAGPJHC 1021

Giannakis v Sithole (2020/17987)

Giannakis v Sithole (2020/17987) [2024] ZAGPJHC 1021 (9 October 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2020/17987
Judge
E Eksteen

The court found that the respondent's delay in filing her declaration was not reckless or intentional, but rather the result of lack of legal representation and financial constraints following her attorneys' withdrawal. The respondent, a lay person, did not appreciate the consequences of non-compliance with the March 2021 order. The declaration attached to her affidavit evidenced her bona fide intention to proceed. The applicant had accepted Mr Buku’s late declaration, which was on par with the respondent’s, negating any prejudice to the applicant or the court. The interests of justice requir…

Source excerpt

  • Condonation
  • Upliftment Of Bar
  • Striking Out Of Claim
  • Executor Locus Standi
  • Sale Of Immovable Property
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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.