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South Africa decisions
Decisions matching the current search
Oreways Mining SA Pty Ltd v Magoma Attorneys and Another (2625/2024) [2024] ZANCHC 112 (23 October 2024)
The High Court granted urgent interim relief and a rule nisi restraining dissipation of R7 million held in trust, pending Part B final relief.
Khanyisela Mineral Traders (Pty) Ltd v EJ Resources (Pty) Ltd (2024/069252) [2024] ZAGPJHC 754 (12 August 2024)
The applicant failed to establish a reasonable apprehension of irreparable harm, as any loss suffered from not obtaining coal could be compensated by damages, which are readily quantifiable. The balance of convenience favours the respondent, as granting the interdict would effectively force the respondent to sell coal to the applicant under the contract, potentially pre-empting the final determination of the dispute and causing undue hardship to the respondent. The applicant did not demonstrate the absence of an adequate alternative remedy, as damages are available. Although the applicant est…
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Adelakun N.O and Another v Worldpay LLC (3484/19 and 3485/19) [2024] ZAWCHC 129 (26 April 2024)
The court found that the applicants, including Mr. Adelakun, the Trust, Touch of Fame Group, and Touch of Energy Corporation, failed to establish any exceptional circumstances or bona fide defence that would justify rescission of the sequestration orders under section 149(2) of the Insolvency Act or Rule 42(1)(a). The applicants had fully participated in the original proceedings, were legally represented, and had unsuccessfully appealed the orders to the Supreme Court of Appeal and Constitutional Court. The alleged exoneration in foreign criminal proceedings was irrelevant to the civil standa…
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Business Partners (Pty) Limited v Penkin (23040/2021) [2022] ZAGPJHC 510 (4 August 2022)
The High Court granted summary judgment against a surety for the outstanding balance on a loan, rejecting a jurisdiction challenge and finding no bona fide defence.
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