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Department of Correctional Services and Another v Moagi and Others (2022-006301) [2024] ZAGPPHC 1078 (25 October 2024)
The High Court dismissed an application to rescind summary judgment, holding that the applicants’ failure to brief lawyers with a memorandum was their own negligence.
Fraai Uitzicht 1798 Farm (Pty) Limited v McCullough and Others (118/2019) [2020] ZASCA 60 (5 June 2020)
The court held that the appellant failed to establish that the respondents were aware of or party to any fraudulent misrepresentation in the original proceedings. The evidence did not show that the respondents knowingly withheld material documents or misrepresented facts. The newly discovered documents did not meet the threshold for rescission under justus error, as they would not have materially altered the outcome. The disputed road remained the shortest and most convenient access for the landlocked properties, regardless of the status of deproclamation. The requirements for rescission base…
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