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South Africa Case Law

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Land And Property [2024] ZALMPPHC 190

Estate Late Phalane and Others v Master of the High Court Polokwane and Others (1971/2018)

Estate Late Phalane and Others v Master of the High Court Polokwane and Others (1971/2018) [2024] ZALMPPHC 190 (25 November 2024)

Court
Limpopo High Court, Polokwane
Case number
1971/2018
Judge
Monene

The High Court declared that the property belonged to the late Andronica Phalane’s estate, finding acquisitive prescription and rejecting the defendants’ claim.

  • Acquisitive Prescription
  • Ownership Dispute
  • Declaratory Relief
  • Marital Property
  • Estate Administration
  • Acquisitive-prescription
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Civil Procedure [2022] ZAGPJHC 95

Sebata v Master of the High Court and Another (25821/19)

Sebata v Master of the High Court and Another (25821/19) [2022] ZAGPJHC 95 (23 February 2022)

Court
South Gauteng High Court, Johannesburg
Case number
25821/19
Judge
Mahomed AJ

The court found that the applicant's failure to comply with the Practice Manual and directives was not due to wilful default or indifference, but rather confusion and unfamiliarity with new procedures during the pandemic. The applicant's attorney misunderstood the requirements, conflating the filing of a replying affidavit with the obligation to file heads of argument and related documents. The court held that it would be unjust to deny the applicant the opportunity to enforce her rights based solely on procedural noncompliance, especially given her marital regime and the substantive dispute…

Source excerpt

  • Rescission Of Judgment
  • Default Judgment
  • Marital Property
  • Wilful Default
  • Practice Directives
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Family And Children [2018] ZAFSHC 24

Mkhehlane v Mkhehlane (6108/2017)

Mkhehlane v Mkhehlane (6108/2017) [2018] ZAFSHC 24 (22 February 2018)

Court
Free State High Court, Bloemfontein
Case number
6108/2017
Judge
P.E Molitsoane

In a Rule 43 divorce-related application, the court awarded the applicant interim maintenance and a legal-costs contribution, but refused to order a vehicle.

  • Interim Maintenance
  • Rule 43 Applications
  • Contribution To Legal Costs
  • Marital Property
  • Child Support
  • Interim-maintenance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.