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South Africa decisions
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K[...] 3214 CC v N.S (2023-004047) [2023] ZAGPJHC 1410 (15 November 2023)
The High Court dismissed a rei vindicatio for a Toyota Land Cruiser, granted condonation for a late answering affidavit, and awarded punitive costs.
K.H NO v H Trust and Others (035385/2022) [2023] ZAGPJHC 1146 (6 October 2023)
The High Court dismissed an application to terminate a family trust, holding section 13 was not triggered. It ordered the parties to use the deed’s deadlock procedure.
Marais N.O v Marais [2023] ZAGPPHC 454; A321/2021 (14 June 2023)
The appeal was upheld on the basis that the letter of authority issued by the Master sufficed as approval for the curator bonis to act in accordance with the court order. The court found that the requirement for the Master’s approval was satisfied by the issuance of the letter, and that the particulars of claim, standing alone, set out a cause of action. The court a quo erred by considering extraneous facts and by dismissing the claim without affording the appellant an opportunity to amend. The Master’s function is administrative and cannot supersede a court order. The technical objections ra…
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Goodrick v Goodrick (21128/2009) [2013] ZAWCHC 126 (8 May 2013)
The court rectified a divorce consent paper to reflect the parties’ intended 50/50 division of the joint estate, but refused to exclude motor vehicles from movable property.
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