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South Africa decisions
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Kgwele and Others v SK Enterprise and Others (21/38077) [2023] ZAGPJHC 719 (20 June 2023)
The High Court upheld an oral lease, refused most declaratory and interdictory relief, but ordered restoration of water and electricity after unlawful disconnection.
Altech Radio Holdings (Pty) Ltd v Aeonova360 Management Services (Pty) Ltd and Another (2023/001585) [2023] ZAGPJHC 475 (15 May 2023)
The court held that the arbitrator did not commit a gross irregularity in the conduct of the arbitration proceedings. The arbitrator's award was based solely on the pleadings and common cause documents, and he did not prejudge or determine the merits of the claims. The process complied with the rules of natural justice, and the applicant's audi alteram partem rights were not infringed. The arbitrator acted within his wide-ranging powers under the AFSA Commercial Rules, and the decision to determine entitlement to an account before other issues was procedurally fair. The doctrine of peremption…
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Siyandisa Music (Pty) Ltd v Gallo Music Publishers (Pty) Ltd (2016/75684) [2018] ZAGPPHC 530 (17 April 2018)
The High Court refused leave to amend a notice of motion to add an account claim, finding the applicant had not properly pleaded a basis for the duty to account.
Mngomezulu and Another v van der Heever NO and Others (44211/2012) [2018] ZAGPJHC 11; [2018] 2 All SA 221 (GJ); 2018 (1) SACR 601 (GJ) (6 February 2018)
The court held that the curator appointed under POCA is obliged at common law to render a full and proper account to the applicants, which goes beyond the statutory requirements to account to the Master under the Administration of Estates Act. The fiduciary relationship between the curator and the applicants requires transparency and justification of all actions taken in relation to the property. The discharge of the curator need not occur immediately upon rescission of the restraint order; the court retains discretion to determine the timing and conditions of discharge, including the complet…
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