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South Africa decisions
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Minister of Justice and Correctional Services v T.M (13227/2017) [2024] ZAGPJHC 20 (12 January 2024)
The High Court rescinded a default damages judgment after finding the respondent had been HIV positive before the alleged rapes on which the claim was based.
Mokweni and Others v Plaatjies and Others - Appeal (A178/2022) [2023] ZAWCHC 266 (26 October 2023)
The court found that the ex parte application before Sievers AJ was based on material misrepresentation of facts, specifically regarding the address of the property affected by the alleged spoliation. This misrepresentation undermined the validity of the subsequent contempt of court order granted by De Villiers AJ, as the contempt order was inextricably linked to the tainted ex parte proceedings. The court held that a judgment or order obtained by fraud or misrepresentation is void and cannot be allowed to stand. Furthermore, the appellants did not act wilfully or mala fide in failing to comp…
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Rasakanya v Mbuyane and Another (2702/2021) [2023] ZAMPMBHC 47 (8 August 2023)
The Court found that the order of 21 December 2021 was granted in error and in the absence of parties with a direct and substantial interest—the deceased's siblings, who were beneficiaries under his will. The First Respondent deliberately failed to disclose the existence of the will and the beneficiaries, misleading the Court into granting relief that would not have been granted had all facts been disclosed. The requirements for rescission under Rule 42(1)(a) and the common law were met, as the judgment was erroneously and fraudulently obtained, and the Applicant and her siblings were prejudi…
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Prinsloo NO and Another v Nayager and Others (45330/2016) [2017] ZAGPPHC 728 (20 November 2017)
The High Court set aside a rehabilitation order after finding forged material, lack of proper notice to trustees, and no required Master’s recommendation.
Ncwane v Ncwane NO and Others (12939/2015) [2016] ZAKZDHC 47 (11 November 2016)
The High Court rescinded a 1996 default order over KwaMashu property, finding the applicant had not been properly notified and that material facts had been misrepresented.
Pratt v First Rand Bank Limited (27048/03) [2016] ZAGPPHC 508 (30 June 2016)
The High Court dismissed an urgent bid to stay execution of a money judgment pending a proposed fraud-based action to set it aside.
Schoeman and Others v National Director of Public Prosecutions and Another (1890/2011, 5217/2010, 20738/2008) [2014] ZAWCHC 111; 2015 (1) SACR 451 (WCC) (23 July 2014)
The High Court refused to rescind or vary POCA restraint orders, finding no proven fraud or Rule 42 error and no jurisdictional basis for the relief sought.
Blue Cell (Pty) Ltd v Blue Financial Services Limited and Others (3489/07 , 8456/07) [2014] ZAGPPHC 14 (14 February 2014)
The High Court rescinded earlier costs orders after finding they had been obtained through fraudulent misrepresentation, and substituted punitive costs orders.
Rossouw NO and Others v Leeuwenhoek Boerdery (EDMS) BPK and Others (2627/2011) [2011] ZAWCHC 566 (4 November 2011)
The court dismissed an application to set aside an eviction order for fraud, finding the applicants failed to prove the respondents misled the court.
Security Patrol Experts CC v Commissionf for Conciliation, Mediation and Arbitration and Others (J1934/07, J2641/02, J2522/01, JR2113/07) [2007] ZALC 91 (4 December 2007)
The Labour Court held that an alleged 21 September 2007 stay order was not issued by the court and referred the conduct of Kerry Stuart for investigation.
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