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South Africa decisions
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WRT Silo 2 (Pty) Ltd v Bouwer Contracting (Pty) Ltd and Another (4616/2024) [2025] ZAFSHC 35 (7 February 2025)
High Court matter on rent-to-own truck agreements, where a dispute over arrear rental and alleged set-off could not be resolved on affidavit and was sent to oral evidence.
Black Bond Surfacing (Pty) Ltd v Dynapac SA (Pty) Ltd (59158/2021) [2022] ZAGPJHC 974 (7 December 2022)
The High Court dismissed an application for leave to appeal in a rei vindicatio matter, finding no merit in the alleged factual disputes and ordering costs.
Mamabolo v Mamabolo and Another (11855/2021) [2022] ZAGPPHC 689 (8 September 2022)
The court found that the applicant's claim was prescribed, as she became aware of the will and the property transfer well beyond the three-year period stipulated by the Prescription Act. No reasonable explanation or condonation for the delay was provided. The application was further dismissed due to the existence of material disputes of fact, particularly regarding the validity of the will and allegations of fraud, which cannot be resolved on affidavit and require action proceedings. The applicant failed to provide admissible expert evidence and did not apply for referral to oral evidence or…
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Manti v Government Employees Pension Fund and Others (2991/2020) [2021] ZALMPPHC 7 (2 March 2021)
The court held that the applicant had followed the incorrect procedure by seeking relief through motion proceedings instead of a review application. The decision of the first respondent, as an organ of State, constituted an administrative action and remained valid until set aside by a court. Furthermore, the dispute regarding the existence of a customary marriage between the deceased and the second respondent raised material factual disputes that could not be resolved on the papers. The applicant was aware of these disputes but proceeded by way of motion proceedings, which are inappropriate f…
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Davidson v Sohn (16624/11) [2012] ZAWCHC 133 (6 February 2012)
The High Court granted leave to appeal after concluding that the case involved a material dispute of fact and may have been unsuitable for motion proceedings.
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