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South Africa decisions
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W.A.S.B v J.M.K (046725/23) [2025] ZAGPPHC 44 (17 January 2025)
Rule 43 interim maintenance and legal-costs application dismissed for non-disclosure and insufficient proof of need.
Platinum Park 1 Homeowners Association NPC v Mokoena and Another (088262/2023) [2025] ZAGPPHC 25 (9 January 2025)
The High Court struck a provisional sequestration application off the roll after finding material non-disclosure of a CSOS order and unresolved governance issues.
Siyabonga Gugulethu Galela (Ex parte application) (1294/2023) [2024] ZASCA 176 (13 December 2024)
The Supreme Court of Appeal upheld an appeal against refusal of admission, finding the applicant’s omissions were not intended to deceive and could be condoned.
M.D.L v Liberty Group Limited (3387/2023) [2024] ZAECQBHC 70 (19 November 2024)
The court found that the respondent complied with Rule 17.6.3(a) of the Policyholder Protection Rules by providing the applicant with a detailed repudiation letter that set out the reasons for the decision in plain language. The applicant did not dispute the contents of the letter but rather questioned why the respondent did not access information from previous applications. The court held that the applicant was required to disclose all material facts during the new application process and that the respondent was under no obligation to search its records for prior disclosures unless specifica…
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Camps Bay Investment Trust Proprietary Limited v Infusion Social Club Camps Bay Propriety Limited (14487/2024) [2024] ZAWCHC 211 (19 August 2024)
The High Court granted urgent eviction after finding the tenant had materially misrepresented its business by concealing cannabis-related trade from the landlord.
E.W v S.W (26912/2019) [2024] ZAGPJHC 465 (29 April 2024)
Rule 43(6) variation application dismissed after the court found the applicant had not made full financial disclosure and failed to show a material change.
Gortzen and Another v Moolman (A3022-2021) [2024] ZAGPJHC 185 (28 February 2024)
The court found that the damp in the property was a latent defect, not apparent to the respondent at the time of purchase. Both appellants were aware of the defect: the second appellant had arranged for extensive cosmetic repairs to conceal the damp, and the first appellant failed to disclose his knowledge of the issue in the sale agreement's disclosure form. The court held that their conduct amounted to fraudulent concealment (dolo malo), rendering the voetstoots clause inapplicable. The measure of damages was appropriately based on the actual cost of repairs, as evidenced by the invoice, si…
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Fantom Operations Ltd v Avenant and Others - Reasons (13632/2023; 11479/2023) [2023] ZAWCHC 283 (15 November 2023)
The High Court set aside an ex parte order establishing a commission of enquiry after finding misrepresentation, non-disclosure, and lack of standing.
Manjingolo v Amathole District Municipality and Others (EL1481/2023) [2023] ZAECELLC 34 (9 November 2023)
Urgent application by a municipal CFO appointee to enforce an alleged employment contract and interdict the municipality was dismissed for lack of urgency and no enforceable contract.
L.M v R.D.M (EL789/2022) [2023] ZAECELLC 32 (31 October 2023)
The court varied interim divorce maintenance orders, set aside an urgent payment order, and found the respondent’s non-disclosed inheritance justified cost consequences.
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