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South Africa decisions
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Investec Bank Limited v Big Business Innovations Group (Pty) Ltd (046686/2022) [2023] ZAGPPHC 1895 (6 November 2023)
The High Court confirmed a provisional winding-up order against BIG, finding Investec proved inability to pay debts and that no bona fide defence was raised.
A.M and Another v Road Accident Fund (4611/2005) [2014] ZAKZPHC 67 (12 August 2014)
The court found the Road Accident Fund liable after accepting the eyewitness version that an unidentified vehicle caused the fatal collision, rejecting the Fund’s circumstantial case.
Transnet SOC Ltd v Husselman and Others (1302/2012) [2012] ZANCHC 44 (21 September 2012)
The court found that Transnet, as the registered owner of the land on which the crusher-waste stockpile is situated, enjoys a presumption of ownership over the stockpile. The respondents failed to produce authentic documentation to support their claim of ownership, and the letter relied upon by Husselmann was found to be prima facie fraudulent. The respondents did not possess the necessary permits under the Minerals and Petroleum Resources Act to remove the crusher-waste, and their claim of acquisitive prescription was not substantiated by evidence of physical possession. The requirements for…
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