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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1366

Affinity Consumer Data (Pty) Ltd v Singh-Hewlett (2023-102629)

Affinity Consumer Data (Pty) Ltd v Singh-Hewlett (2023-102629) [2023] ZAGPJHC 1366 (24 November 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2023-102629
Judge
H A van der Merwe

The court found that the respondent's answering affidavit, when read fairly and in context, raises a bona fide dispute of fact regarding the applicant's ownership of the vehicle. The respondent's explanation that registration was for tax purposes and her allegations about the applicant being her husband's alter ego create ambiguity about the true intention behind the vehicle's acquisition. The court held that these facts are inherently ambiguous and not presented in a deliberately evasive manner. Applying the Plascon-Evans rule, the dispute cannot be resolved on the papers, and a robust appro…

Source excerpt

  • Rei Vindicatio
  • Ownership Dispute
  • Factual Dispute On Motion
  • Corporate Veil
  • Transfer Of Ownership
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Civil Procedure [2023] ZAGPPHC 1889

Van Niekerk v Mazzuchetti and Another (8713/2019)

Van Niekerk v Mazzuchetti and Another (8713/2019) [2023] ZAGPPHC 1889 (7 November 2023)

Court
North Gauteng High Court, Pretoria
Case number
8713/2019
Judge
Potterill

The application for final relief on motion proceedings is dismissed due to the existence of bona fide disputes of fact that cannot be resolved on affidavit. The court finds that the parties' versions regarding the identity of the parties to the verbal agreement, the nature of their relationship, and the termination of the agreement are materially in dispute. The respondent's defence is plausible and not clearly untenable. The Plascon-Evans rule applies, and the matter is not suitable for determination without oral evidence. The applicant was aware of these disputes from previous litigation an…

Source excerpt

  • Statement Of Account
  • Factual Dispute On Motion
  • Fiduciary Duty
  • Joint Venture Vs Partnership
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Land And Property [2020] ZAGPJHC 374

Mkoko v Sibeko and Another (8398/2020)

Mkoko v Sibeko and Another (8398/2020) [2020] ZAGPJHC 374 (7 December 2020)

Court
South Gauteng High Court, Johannesburg
Case number
8398/2020
Judge
Adams

The court found that the main dispute between the parties was factual, centering on whether the transfer of the property to the first respondent was pursuant to an agreement reflecting their mother's wishes. Applying the Plascon-Evans rule, the court held that the first respondent's version could not be rejected on the papers, as it was not so far-fetched or untenable. The issuance of certificates of occupancy to both sisters within days of each other supported the respondent's account of a family arrangement. The applicant's long delay in challenging the transfer further undermined her claim…

Source excerpt

  • Deeds Registries Act
  • Cancellation Of Deed
  • Factual Dispute On Motion
  • Plascon Evans Rule
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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.