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South Africa decisions
Decisions matching the current search
Van Eden v Delcloo and Another (36792/2021) [2023] ZAGPPHC 1155 (8 September 2023)
High Court referral of an alleged oral partnership dispute to oral evidence, after conflicting affidavits could not resolve factual issues on the papers.
Kgosi v Kgosi and Others (6134/2022) [2023] ZAGPPHC 715 (21 August 2023)
The court found that there is a genuine and material dispute of fact regarding whether the First Respondent was an innocent party unaware of the Deceased's prior marriage to the Applicant. The evidence presented, including video clips and translations, cannot be properly adjudicated in motion proceedings, and the First Respondent was prejudiced by not having an opportunity to respond. The court exercised its discretion under Uniform Rule 6(5)(g) to refer the matter to oral evidence on the specific issues of the existence of a putative marriage and the extent of the First Respondent's contribu…
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Senatla Trading Enterprise 26 CC v Madisebo Catering CC and Others (508/2011) [2012] ZAFSHC 248 (20 December 2012)
The court found that both cessions by the first respondent were in securitatem debiti, meaning the first respondent retained a reversionary interest in the claim against the second respondent. The second cession, although appearing to be an out-and-out cession, was intended as security and thus transferred only the reversionary interest. Upon satisfaction of the third respondent's claim, the right to the balance of the proceeds reverted to the first respondent and, by virtue of the second cession, to the applicant. The validity of the cession to the applicant was not challenged by the respond…
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