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South Africa Case Law

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Civil Procedure [2024] ZAKZPHC 57

Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P)

Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P) [2024] ZAKZPHC 57 (29 July 2024)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
1237/2024P
Judge
Mossop

Urgent application to compel pension benefit payment dismissed. The court held the applicant had not shown a clear right, and the fund lawfully withheld payment under section 37D.

  • Pension Funds Act Section 37d
  • Withholding Of Pension Benefits
  • Final Interdict Requirements
  • Disciplinary Dismissal
  • Fiduciary Duty Breach
  • Alternative Remedy Pension Fund Adjudicator
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Civil Procedure [2021] ZAGPJHC 532

Ruele v Ruele and Others (47784/2021)

Ruele v Ruele and Others (47784/2021) [2021] ZAGPJHC 532 (15 October 2021)

Court
South Gauteng High Court, Johannesburg
Case number
47784/2021
Judge
Adams

The High Court removed an executrix of a deceased estate for misconduct and neglect, finding it undesirable for her to continue under the Administration of Estates Act.

  • Removal Of Executor
  • Administration Of Estates Act
  • Fiduciary Duty Breach
  • Estate Mismanagement
  • Removal-of-executor
  • Administration-of-estates-act
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Land And Property [2021] ZAMPMBHC 46

Shabangu N.O. and others v Malumane N.O. and Others (1980/2020)

Shabangu N.O. and others v Malumane N.O. and Others (1980/2020) [2021] ZAMPMBHC 46 (4 October 2021)

Court
Mbombela High Court, Mpumalanga
Case number
1980/2020
Judge
Mashile

The High Court removed ten trustees of the Mbayane Community Trust for breach of fiduciary duties and ordered the trust deed amended to bar their re-election.

  • Trustee Removal
  • Fiduciary Duty Breach
  • Variation Of Trust Deed
  • Trust Property Control Act
  • Misappropriation Of Funds
  • Costs Order
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Civil Procedure [2016] ZAGPPHC 1192

Omega International Associates Limited Partnership and Another v De Witt (45371/2013)

Omega International Associates Limited Partnership and Another v De Witt (45371/2013) [2016] ZAGPPHC 1192 (25 November 2016)

Court
North Gauteng High Court, Pretoria
Case number
45371/2013
Judge
H.J Fabricius

The High Court held that most of the Second Plaintiff’s claims had prescribed because key company officials knew, or should have known, the relevant facts earlier.

  • Prescription Act
  • Fiduciary Duty Breach
  • Corporate Attribution Of Knowledge
  • Loan Account Payments
  • Damages Claims
  • Prescription
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Land And Property [2011] ZAGPPHC 7

Mooikloof Gardens Home Owners Association v Franbert Construction (Pty) Ltd and Others (6088/2008)

Mooikloof Gardens Home Owners Association v Franbert Construction (Pty) Ltd and Others (6088/2008) [2011] ZAGPPHC 7 (21 January 2011)

Court
North Gauteng High Court, Pretoria
Case number
6088/2008
Judge
Ebersohn AJ

High Court set aside a fraudulent re-transfer of township erf 1594, ordered deed cancellations and title amendment, and imposed punitive costs and regulatory referrals.

  • Fraudulent Transfer
  • Fiduciary Duty Breach
  • Title Deed Amendment
  • Compulsory Membership
  • Ultra Vires Disposal
  • Attorney Misconduct
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Civil Procedure [2009] ZAWCHC 67

Law Society of the Cape of Good Hope v Booysen (13854/2008)

Law Society of the Cape of Good Hope v Booysen (13854/2008) [2009] ZAWCHC 67 (8 May 2009)

Court
Western Cape High Court, Cape Town
Case number
13854/2008
Judges
Allie, Fourie

An attorney admitted misappropriating trust money over 15 months. The court struck him off the roll and appointed a curator to control his trust accounts.

  • Attorneys Act
  • Striking Off Roll
  • Misappropriation Of Trust Funds
  • Fiduciary Duty Breach
  • Striking-off-attorney
  • Trust-funds
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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.