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South Africa decisions
Decisions matching the current search
Dlakavu and Another v Mthatha Nine (Pty) Ltd (1710/2019) [2022] ZAECMKHC 2 (19 April 2022)
The court dismissed a fraud-based rescission application and a removal application, finding no proof of fraud, no locus standi for the first applicant, and no proper notice to interested parties.
Nondabula trading as Umzimkhulu Garage v Shell Downstream South Africa (Pty) Ltd (63998/18) [2020] ZAGPPHC 487 (15 July 2020)
The court held that Shell’s refusal to supply fuel repudiated the notarial lease and servitude, allowing Nondabula to cancel the agreements and obtain Shell’s eviction.
De Villiers v Elspiek Boerdery (Pty) Ltd and Another (16138/2012) [2015] ZAWCHC 141 (9 October 2015)
High Court held that the plaintiff authorised the notarial lease and that the lease covered the whole farm, so the Subdivision Act did not render it void.
Coetzee and Others v Venter NO and Another (A385/2007) [2009] ZAFSHC 4 (26 January 2009)
High Court appeal over whether a notarial lease was a fraudulent transaction aimed at defeating creditors. The appeal was dismissed with costs.
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