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South Africa decisions
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Liftcor (Pty) Ltd v ABSA Vehicle Management Solutions (Pty) Ltd (2022/040937) [2025] ZAGPJHC 698 (18 July 2025)
The High Court dismissed Liftcor’s late application for leave to appeal, finding no reasonable prospects of success and awarding costs against the applicant.
Perumal v FDE Debt Collection and Another (2025/040411) [2025] ZAGPJHC 440 (6 May 2025)
The court found that the first respondent was aware of the court order, having been present when it was granted and having received it via WhatsApp and email. The respondents failed to take reasonable steps to comply with the order, merely notifying the bank rather than demanding the vehicle or seeking further relief from the court. The argument that the order was unclear was rejected, as the order required all reasonable steps to ensure the vehicle's return. The respondents did not discharge the evidentiary burden to show lack of wilfulness or mala fides. The point in limine regarding lack o…
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Hyprop Investments Limited and Another v NSC Carriers and Forwarding CC and Another (2009/12568, 2009/47543) [2010] ZAGPJHC 20 (12 April 2010)
The court found that the respondents failed to prove fraudulent misrepresentation by the applicants. The lease agreements contained entire agreement and exemption clauses, which precluded reliance on prior representations and claims for compensation for improvements. The respondents' alleged rescission was not exercised within a reasonable time, and their continued occupation after cancellation constituted unlawful enrichment. The defence of ius retentionis was contractually excluded, and the alleged illegality under the National Building Regulations and Building Standards Act did not render…
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Safari Adventures Co. Ltd v Oertel and Others (3192/2007) [2007] ZAFSHC 100 (27 September 2007)
High Court urgent application over four cheetahs dismissed after the respondents successfully relied on a lien for care and training expenses.
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