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South Africa decisions
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Eden v Ellis and Another (10604/2020 ; 11636/2023) [2024] ZAWCHC 396; [2025] 1 All SA 314 (WCC) (28 November 2024)
The court dismissed Mr Eden’s rescission application for gross delay and failure to prove fraud, and granted provisional sequestration with a rule nisi.
C.K.N and Another v Villa Siesta Pet Retreat CC and Another (059704/2022) [2024] ZAGPPHC 1230 (28 November 2024)
The court found that the applicants are co-owners of the property, based on their financial contributions, participation in management, and the terms of the settlement agreement, which confirmed their respective shares but did not resolve the termination of co-ownership. The respondents' res judicata argument failed because the parties and subject matter differed from the divorce proceedings, and the actio communi dividundo was not previously adjudicated. The affidavit was accepted as valid due to substantial compliance with the regulations, given the practical impossibility of conventional c…
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Nepgen v Blake and Another [2023] ZAGPPHC 492; 52270/2015 (30 June 2023)
The High Court dismissed a review of an expert auditor’s determination, holding that the consent order limited the auditor to accounting disputes only.
Du Toit and Another v Du Toit and Another (6476/2021) [2021] ZAWCHC 232 (16 November 2021)
The High Court refused to set aside an arbitral award, but excised a specific-performance order, made the balance of the award an order of court, and appointed a liquidator.
Phillips v Phillips and Another (292/2018) [2018] ZAECGHC 40 (22 May 2018)
Summary judgment was refused in a dispute over alleged partnership contributions, because the claim was premature before dissolution and liquidation, and was not a liquidated amount.
Nel v Davis N.O. and Another (50948/2011) [2016] ZAGPPHC 596 (30 June 2016)
High Court review of a referee’s partnership-account report was dismissed; the report was adopted in full and the applicant was ordered to pay attorney-and-client costs.
Keyter N.O. v Louw and Another (3606/2014) [2016] ZAECGHC 23 (26 April 2016)
The High Court dismissed an executor’s review of a liquidator’s rejection of partnership claims, holding that a finality clause barred review absent gross irregularity.
Morar NO v Akoo and Another (498/10) [2011] ZASCA 130; 2011 (6) SA 311 (SCA); [2011] 4 All SA 617 (SCA) (15 September 2011)
The Supreme Court of Appeal held that a court cannot grant a partnership liquidator broad extra powers, including interrogation powers or litigation funding orders.
Van Driel en Ander v Pocock en Ander (13258/08) [2011] ZAWCHC 33 (1 March 2011)
The court held that the receiver was not functus officio and could still complete the partnership liquidation, but set aside certain asset valuations for lack of consultation.
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