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South Africa decisions
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Daniels v Simul Enterprises CC and Another (A2024/040877) [2025] ZAGPJHC 453 (12 May 2025)
The High Court dismissed an appeal against rescission refusal, holding the appellant failed to show good cause, proof of service, or a bona fide defence.
Accelerate Property Fund Limited v Jewel Maya CC (024533-2023) [2024] ZAGPJHC 295 (25 March 2024)
The High Court confirmed a rule nisi enforcing a landlord’s hypothec over goods linked to a lease dispute, despite opposition from Womag.
Ergomode (Pty) Ltd v Jordaan NO and Others (643/2022) [2024] ZASCA 10 (29 January 2024)
The Supreme Court of Appeal held that the extensions for publication of the business rescue plan were validly granted by majority creditor consent, as permitted by s 150(5)(b) of the Companies Act, and did not require a formal meeting. Ergomode participated in the adoption meeting without objection and its subsequent challenge was unsustainable. The determination of Ergomode as a non-independent creditor was not reviewed within the prescribed five-day period, and no substantive case for condonation was made. The moratorium in s 133 applies to all legal proceedings, including perfection of a l…
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New Life Communal Property Association v Draigri Boerdery Bpk (1616/2007) [2007] ZAECHC 101 (22 November 2007)
High Court confirmed attachment and eviction after finding rental arrears and holding the lease-renewal option void for vagueness.
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