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South Africa Case Law

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Land And Property [2020] ZAGPJHC 183

Anchorprops 31 (Pty) Ltd and Another v Levin (3104/2020)

Anchorprops 31 (Pty) Ltd and Another v Levin (3104/2020) [2020] ZAGPJHC 183 (28 May 2020)

High Court appeal in an eviction matter under PIE, rejecting an alleged oral lease, upholding eviction, and varying the costs order.

  • Prevention Of Illegal Eviction Act
  • Eviction Proceedings
  • Factual Dispute On Affidavit
  • Just And Equitable Remedy
  • Costs Award
  • Lockdown Regulations
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Civil Procedure [2014] ZAFSHC 177

La Pila Pharma CC v Euro Blitz Logistics (Pty) Ltd and Another (1645/2014)

La Pila Pharma CC v Euro Blitz Logistics (Pty) Ltd and Another (1645/2014) [2014] ZAFSHC 177 (2 October 2014)

The court held that the First Respondent was entitled to a spoliation order restoring possession of the truck, as the Applicant had unlawfully deprived him of possession. The merits of the parties' rights to possession could not be adjudicated until the status quo ante was restored, in line with the principles of the mandament van spolie. The Applicant's attempt to pre-emptively address the merits was improper, and the application was further undermined by numerous material factual disputes that could not be resolved on affidavit. The alternative relief sought by the Applicant, such as safeke…

  • Mandament Van Spolie
  • Instalment Sale Agreement
  • Breach Of Contract
  • Factual Dispute On Affidavit
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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.