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South Africa decisions
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Sandrivier Helikopters(PTY) LTD v Minnaar and Others (484/2022) [2022] ZALMPPHC 24 (17 May 2022)
The High Court rescinded an ex parte anti-dissipation order attaching a helicopter, finding vagueness, material non-disclosure, lack of trust authority, and abuse of process.
Mayekiso and Others v Patel NO and Others (3860/2016) [2018] ZAWCHC 143; [2019] 1 All SA 221 (WCC); 2019 (2) SA 522 (WCC) (24 October 2018)
The majority held that the appellants were unlawful occupiers under PIE and that the eviction order was just and equitable, as the court a quo considered all relevant circumstances, including the interests of minor children and the risk of homelessness. The property had been sold and transferred, and the appellants undertook to vacate upon sale. Allegations regarding the first respondent trustee's identity and conduct did not invalidate the statutory powers exercised by the trustees collectively, nor did they warrant the admission of further evidence on appeal. The appeal was dismissed, and c…
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Harris and Others v Rees and Others (09/32226) [2010] ZAGPJHC 51; [2010] 4 All SA 603 (GSJ) ; 2011 (2) SA 294 (GSJ) (25 June 2010)
The court held that the applicants, as trustees, had locus standi to bring the application despite the absence of letters of authority from the Master at the time of launching proceedings. The court found that the first respondent had deliberately placed himself outside the jurisdiction, was intimately involved in a fraudulent investment scheme, and had used the trusts and companies as alter egos to conceal and launder investor funds. The attachment order was confirmed as the applicants established a prima facie case for relief, and the court exercised its discretion to allow the filing of a…
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