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South Africa decisions
Decisions matching the current search
Nohako v Nkosi (5257/2022) [2023] ZAECMHC 22 (21 April 2023)
High Court motion about alleged unlawful retention of a vehicle after a collision. The court applied Plascon-Evans and dismissed the application with costs.
Meruti obo T.P.M v Road Accident Fund (3105/2021) [2023] ZAFSHC 93 (30 March 2023)
The High Court dismissed a Road Accident Fund claim after finding inconsistent versions about how a minor fell from a bakkie and no proof of driver negligence.
South African National Civil Organisation v Ramosie and Others (7016/2019) [2022] ZAGPJHC 323 (6 May 2022)
The court found the dispute over a 2019 SANCO conference and rival leadership structures raised material factual disputes, so it referred the matter to trial.
Capriati v Bonnox (Pty) Ltd and Another (101816/2016) [2018] ZAGPPHC 345 (10 May 2018)
High Court application over medical aid benefits and affidavit formalities was referred to oral evidence because key facts about authority were disputed.
Hamman and Another v Kotze (21616/2015) [2016] ZAWCHC 46 (22 April 2016)
The respondent's occupation of unit 4 is unlawful as there was no valid sub-lease agreement between him and the first applicant. The lease agreement between the first and second applicant expressly prohibited sub-letting without written consent, which was neither requested nor granted. The respondent's version regarding the existence of a sub-lease was inconsistent, fabricated, and contradicted by independent evidence. The respondent failed to plead estoppel with the required precision and did not establish the necessary elements. The factual disputes raised by the respondent were not genuine…
Source excerpt
Econocom 183 CC t/a Econocom v Swanepoel and Another (59961/2014) [2014] ZAGPPHC 853 (18 September 2014)
Urgent spoliation relief was refused because the applicant failed to prove possession of the property when allegedly dispossessed.
Mashala and Another v Matlou and Others (41541/2006) [2007] ZAGPHC 280 (22 November 2007)
The High Court referred a property dispute to trial for oral evidence after finding material factual disputes about ownership, inheritance, and an alleged agreement over Erf 3981 Atteridgeville.
St. Helena Gold Mines Limited and Another v National Union of Mine Workers and Others (J 2285/99) [1999] ZALC 109 (22 July 1999)
The Labour Court granted leave to appeal after finding a reasonable prospect that another court might differ on a key factual dispute about the strike’s cause.
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