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South Africa decisions
Decisions matching the current search
Hindustan Products SA (Pty) Ltd v Gertenbach and Another (2023/107680) [2025] ZAGPJHC 108 (10 February 2025)
The High Court referred an unjustified-enrichment claim to trial after finding unresolved disputes about whether an heir was enriched by a deceased estate.
J.S.B and Another v C.H.B (3158/2019) [2022] ZAMPMBHC 25 (14 April 2022)
The High Court dismissed an application seeking a co-director’s removal, delinquency, and return of vehicles, holding that the applicants lacked locus standi and used the wrong procedure.
Ndlovu v Bothma and Others (67546/2018) [2019] ZAGPPHC 943 (20 November 2019)
The High Court dismissed a Rule 30 challenge, holding it was premature and that no proven factual dispute yet justified setting aside the motion proceedings.
Quickleap Investments 438 (Pty) Ltd v Department of Human Settlements of the Free State Province and Others (1481/2018) [2018] ZAFSHC 179 (22 November 2018)
The High Court referred a declaratory application to trial because material disputes of fact could not be resolved on motion papers.
Maake and Others v Chemfit Finechemical (Proprietary) Limited (5772/2016, HCAA04/2018) [2018] ZALMPPHC 71 (22 November 2018)
The High Court upheld an appeal against a damages claim against company directors, finding non-joinder, inadequate founding papers, and no proved reckless trading.
Lesenya v Ngwenya (61306/2014) [2018] ZAGPPHC 502 (6 July 2018)
The court held that the applicant was not entitled to proceed by way of application for the termination of joint ownership and appointment of a liquidator. The correct procedure is by way of action, as prescribed by the actio communi dividundo. The parties were never married and thus no joint estate existed, making the appointment of a liquidator inappropriate. The application was dismissed, but the parties retain the right to approach the court by way of action for relief based on actio communi dividundo. Costs were awarded against the applicant, following the normal rule that costs follow t…
Source excerpt
L.M v F.M (10502/2016) [2016] ZAWCHC 203 (15 December 2016)
Court terminated joint ownership of a shared property, allowed sale or buy-out at market value, and refused an anti-dissipation trust order.
National Empowerment Fund Trust v Cape Winds Trading 26 CC and Others (10503/2013) [2015] ZAWCHC 12 (13 February 2015)
The High Court postponed an application after finding the NEF board appeared unlawfully constituted, but held the authority defect could potentially be ratified.
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