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South Africa Case Law

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Civil Procedure [2022] ZAKZDHC 30

Standard Bank of South Africa Limited v Young and Another (D8880/2021)

Standard Bank of South Africa Limited v Young and Another (D8880/2021) [2022] ZAKZDHC 30 (4 August 2022)

Court
Kwazulu-Natal High Court, Durban
Case number
D8880/2021
Judge
J I Henriques

The court found that the plaintiff failed to comply with the strict requirements of rule 46A, particularly regarding personal service of the application papers and full disclosure of relevant facts. The affidavits contained incorrect and misleading averments about payment history and attempts to assist the debtors, which were not supported by the annexures. The deponent to the affidavits, a bank official, knowingly deposed to facts that were not true, amounting to perjury. The attorneys of record were negligent in verifying the accuracy of the affidavits. Given the serious consequences of exe…

Source excerpt

  • Rule 46a Execution
  • Default Judgment
  • Primary Residence Protection
  • National Credit Act
  • Judicial Oversight
  • Perjury In Affidavit
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Land And Property [2016] ZAGPJHC 116

Molata v Lakaje and Others (25181/2014)

Molata v Lakaje and Others (25181/2014) [2016] ZAGPJHC 116 (26 May 2016)

Court
South Gauteng High Court, Johannesburg
Case number
25181/2014
Judge
T.V. Ratshibvumo

The court found that the title deed for the property was erroneously issued to the First Respondent and her late husband, who were not permit holders. The Director-General's powers do not extend to cancelling a title deed; only a court may do so. The applicant, as the son of the original permit holder, has a legitimate claim to have the title deed cancelled and an inquiry held to determine the rightful claimant. The First Respondent did not assert any entitlement to ownership and failed to provide evidence to challenge the applicant's claim. The only factual dispute—residence at the property—…

Source excerpt

  • Title Deed Cancellation
  • Conversion Of Rights Act
  • Permit Holder Entitlement
  • Administrative Inquiry
  • Perjury In Affidavit
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.