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South Africa decisions
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Biprops 46 (Pty) Ltd v D S Van Huyssteen (Pty) Ltd (3685/2018) [2019] ZAMPMHC 14 (14 June 2019)
Eviction application dismissed after the court found the tenant had a renewal right under the lease and that email exchanges could serve as written notice.
Selwane v Mogale and Another (60621/17) [2019] ZAGPPHC 91 (22 March 2019)
The court dismissed an application to compel surrender of deceased estate assets because material disputes about marriage, heirship, and executor appointment could not be resolved on the papers.
Modiko and Another v Sethabela and Others (4856/2016) [2017] ZAFSHC 123 (4 August 2017)
The High Court dismissed an application to set aside a disputed customary marriage, finding the respondent’s version credible and the factual dispute unsuitable for motion proceedings.
Malisekele v Cheela and Others (2015/35630) [2016] ZAGPJHC 83 (4 May 2016)
The application is dismissed because there are material factual disputes incapable of resolution on the papers, particularly regarding the authenticity of the executor appointment and the Will, as well as the familial relationship between the parties. The applicant should have foreseen these disputes and not proceeded by way of motion proceedings. Furthermore, the property has since been transferred to a third party, who was not joined to the proceedings, rendering the relief sought unenforceable. No order as to costs is made due to the exceptional circumstances and the public function of the…
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