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South Africa decisions
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S.B.H v Mncube NO and Another (2025/038564) [2025] ZAGPJHC 424 (29 April 2025)
Court dismissed rescission, granted leave to appeal, and ordered the judgment not be suspended pending appeal in a child relocation dispute.
Groenewald and Others v Galloptic Trade and Investment 15 (Pty) Ltd and Others (2024/0699930) [2024] ZAGPJHC 993 (4 October 2024)
The High Court held the applicants’ appeal against an eviction order had not lapsed, joined a necessary party, and referred occupation and restoration issues to oral evidence.
Mashala v Modiba and Others (7168/2020) [2024] ZALMPPHC 123 (3 October 2024)
The High Court refused leave to appeal against dismissal of a counterapplication, finding no reasonable prospects of success and no compelling reason to hear the appeal.
S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024)
The court referred to oral evidence a dispute over whether the applicant had a prior customary marriage that would make his later civil marriage a nullity.
I.L.L v L.V.H and Others (1889/2022) [2024] ZAECQBHC 7 (1 February 2024)
The High Court confirmed a rule nisi and ordered the first respondent to return the applicant’s identity document, passport and bank card.
Pretorius and Another v Malan and Others (1503/2023) [2023] ZAFSHC 298 (31 July 2023)
The court referred a dispute about the validity of a later will to oral evidence, finding the factual conflict could not be resolved on affidavit alone.
Cilliers and Another v Cilliers and Others (UM08/22) [2023] ZANWHC 73 (13 June 2023)
The High Court referred a trust and property dispute to trial after finding material disputes of fact over a 2019 resolution, signature obligations, and water-rights issues.
Boshoff v Tristar Custom Feeders (Pty) Ltd and Others (2033/2020) [2022] ZANCHC 61 (30 September 2022)
The court found that Boshoff retained ownership of the calves at the time of the application, as he did not intend to pass ownership until full payment was received. This intention was communicated to his agent and, on the probabilities, to the buyer. The evidence established that Boshoff's business practice was to issue invoices only after payment and that he had a financial obligation due on 2 November 2020, reinforcing his intention to retain ownership. The respondents failed to lead evidence to the contrary and relied solely on documentation, which was insufficient to rebut Boshoff's vers…
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Ensemble Hotel Holdings Proprietary Limited v Gunzenhauser and Another (2021/10258) [2022] ZAGPJHC 726 (28 September 2022)
The court rectified a lease to remove the first respondent as co-lessee, finding she filled in her details by mistake and only the company was meant to lease.
De Villiers and Another v Smith and Others (LCC161/2021) [2021] ZALCC 32 (9 December 2021)
The Land Claims Court upheld an appeal over an eviction dispute, finding material factual disputes and inadequate proof of damages, and remitted the case for oral evidence.
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