South Africa Case Law

M and H Lowveld (Pty) Ltd t/a Pumbaa Wildlife Park v Eventieria Wildlife Park (Pty) Ltd and Another (985/202)

M and H Lowveld (Pty) Ltd t/a Pumbaa Wildlife Park v Eventieria Wildlife Park (Pty) Ltd and Another (985/202) [2022] ZALMPPHC 54 (25 October 2022)

Court

Limpopo High Court, Polokwane

Case number

985/202

Judge

Kganyago

The application is dismissed because the applicant sought relief through motion proceedings despite clear and material factual disputes regarding the existence and terms of the alleged sale agreement. The applicant failed to provide sufficient documentary proof and relied on a partly oral and written agreement, which was disputed by the respondents. Furthermore, the applicant did not follow the statutory procedure under the Administration of Estates Act by formally lodging its claim with the executor before approaching the court. The court held that the applicant's attempt to circumvent the e…

Source excerpt

• Ownership Dispute
• Motion Proceedings
• Administration Of Estates Act
• Proof Of Contract
• Premature Litigation

Tarentaal v Member of the Executive Council the Department of Social Development Eastern Cape Division (2024/06)

Tarentaal v Member of the Executive Council the Department of Social Development Eastern Cape Division (2024/06) [2007] ZAECHC 78 (15 November 2007)

Court

High Courts - Eastern Cape

Case number

2024/06

Judge

H.J. Liebenberg

The court held that the applicant’s substantive relief had become moot and ordered him to pay costs because the respondent had already complied.

• Social Assistance Act
• Costs Award
• Practice Rules
• Premature Litigation
• Administrative-law
• Civil-procedure