South Africa Case Law

Centurion Vision Development (Pty) Ltd v South African Post Office (SOC) Ltd In Re: Special Investigating Unit and Others v Centurion Vision Development (Pty) Ltd (40537/2016)

Centurion Vision Development (Pty) Ltd v South African Post Office (SOC) Ltd In Re: Special Investigating Unit and Others v Centurion Vision Development (Pty) Ltd (40537/2016) [2017] ZAGPPHC 948 (14 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

40537/2016

Judge

C J Van der Westhuizen

The court held that the respondent, by incorporating the SIU's founding affidavit and annexures into its own affidavit, made reference to the documents sought and is thus obliged to produce them under Rule 35(12). The respondent's blanket denial of possession, without explanation or evidence of steps taken to locate the documents, was inadequate and contrary to the requirements set out in Tracklot General Trading. The respondent failed to discharge its obligation to make reasonable attempts to locate and produce the documents or to provide a proper account of their whereabouts. The applicant…

Source excerpt

• Discovery Of Documents
• Rule 35 Application
• Lease Agreement Voidness
• Affidavit Incorporation
• Costs On Attorney And Client Scale

Koringfontein Mining and Farming Co Pty Ltd v Comonage Investment 28 (Pty) Ltd (1754/2012)

Koringfontein Mining and Farming Co Pty Ltd v Comonage Investment 28 (Pty) Ltd (1754/2012) [2015] ZANWHC 87 (24 April 2015)

Court

North West High Court, Mafikeng

Case number

1754/2012

Judge

A M Kgoele

The High Court refused rectification of a lease over agricultural land, finding the agreement void for non-compliance with section 3(d) of the Act and granting eviction.

• Rectification Of Contract
• Subdivision Of Agricultural Land Act
• Lease Agreement Voidness
• Eviction
• Ministerial Consent Requirement
• Rectification-of-contract