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South Africa decisions
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Van den Heever and Others v Evolv Outdoor (Pty) Ltd and Another (2023/120525) [2025] ZAGPJHC 365 (26 March 2025)
Liquidators obtained eviction after the court held that a lease by a non-owner did not bind the true owner once the unlawful transfer was set aside.
Hartmann and Others v Hacker N.O and Others (4720/2023) [2024] ZAFSHC 369 (25 November 2024)
The High Court granted leave to appeal in a trust dispute over the alleged distribution event date and whether the applicants had standing to challenge trustee conduct.
RCOG Propco 1 Limited v Welfit Oddy (Pty) Limited (2906/2020) [2024] ZAECQBHC 8; [2024] 2 All SA 163 (ECP) (30 January 2024)
Commercial contract dispute over container purchase agreements, authority, repudiation, and estoppel; the court ordered repayment for undelivered containers and dismissed the counterclaim.
Sehloho and Others v Massbuild Proprietary Liminted (2018/35644) [2024] ZAGPJHC 60 (26 January 2024)
The High Court dismissed three applications for leave to appeal against a damages judgment, finding no reasonable prospects of success under section 17.
Amandlagcf Construction CC v Tresso Developments (Pty) Ltd and Others (11087/2022) [2023] ZAWCHC 209 (17 August 2023)
Referral to oral evidence refused where the applicant failed to plead a factual basis for a written, tacit, or ratified contract with Tresso.
Silo v Nompozolo & Gabelana Incorporated and Others (EL785/09; 2685/09) [2023] ZAECELLC 17 (25 April 2023)
The High Court held that a defective action brought without locus standi could not be ratified, and ordered the plaintiff’s attorney to pay costs de bonis propriis.
N.C.S v Nompozolo and Gabelana Incorporated and Others (EL 785/09) [2023] ZAECELLC 7 (25 April 2023)
The court found that the lack of locus standi by Ms S[...] could not be retrospectively ratified by the curator ad litem, as actions instituted without proper authority are void ab initio and cannot be validated. The curator's powers did not extend to conferring standing where none existed, nor did the order of Dolamo J operate retrospectively to cure the defect. The plaintiff's attorney, Mr Niehaus, was aware of the lack of standing from at least 19 September 2016, yet continued the litigation until its withdrawal in March 2023, despite advice from the curator ad litem to withdraw. The attor…
Source excerpt
Larrett v Coega Development Corporation (Pty) Ltd and Others (EL1139/2013) [2018] ZAECELLC 12; 2019 (3) SA 510 (ECG) (11 December 2018)
Court refused leave to continue a company claim under section 165 of the Companies Act because the proceedings were unauthorised at inception and good faith was not proved.
Broodie NO v Maposa and Others (1990/2017) [2018] ZAWCHC 18; 2018 (3) SA 129 (WCC); [2018] 2 All SA 364 (WCC) (19 February 2018)
The High Court dismissed a widow’s claim that a deceased spouse’s donation of a close corporation interest was invalid for lack of consent, and sent fraud and capacity issues to trial.
Bohica Business Consulting CC v Bathusi Investments (PTY) LTD (6229/2013) [2017] ZAGPPHC 1118 (8 December 2017)
The court found an unsigned consulting agreement was binding and that Bathusi Investments ratified it by paying for services and accepting the benefit.
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