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South Africa decisions
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Legemaat N.O and Others v Arplorox (Pty) Ltd and Others (60278/2019) [2021] ZAGPPHC 569 (30 August 2021)
The High Court held that the applicants were the registered owners of the land, and that the respondent had no proven servitude, lease, or other right to use the track.
Ramaf and Another v Thlapane and Others (3380/09) [2013] ZANWHC 75 (24 October 2013)
The court dismissed a claim to ownership of a farm, but declared that the second plaintiff or his close corporation owns the butchery and its assets.
Ramafi and Another v Thlapane and Others (3380/09) [2013] ZANWHC 76 (24 October 2013)
The court dismissed a claim to farm ownership for lack of credible proof, but declared the second plaintiff or his close corporation the proprietor of the butchery and its movable assets.
Royal Bafokeng Nation v Petrus Mokgatle Family, In re: Royal Bafokeng Nation v Minister of Land Affairs and Others (999/2008) [2011] ZANWHC 53 (29 April 2011)
The court held that discovery under Rule 35(12) is applicable to motion proceedings, particularly where documents are referenced in affidavits and are essential for resolving disputes involving historical facts, such as land ownership dating back over a century. Given the absence of living witnesses and the reliance on documentary evidence, exceptional circumstances exist that justify the granting of discovery in the interests of fairness, equity, openness, and transparency. The respondent failed to establish any valid grounds, such as privilege or irrelevance, to resist discovery. The court…
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