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South Africa decisions
Decisions matching the current search
ZTE Corporation South Africa v Arbiwizn (Pty) Ltd and Others (2022/040657) [2024] ZAGPPHC 896 (13 September 2024)
The High Court refused summary judgment in a vindication claim for telecoms equipment, finding triable issues on a lien, prescription, and possession.
Vivian and Others v ABSA Bank Ltd and Another (20095/2017) [2024] ZAGPPHC 670 (2 July 2024)
The court held that technical errors in the citation of procedural rules should not bar the applicants from joining the proceedings, as they have a direct and substantial interest in the subject matter and a bona fide defence. The applicants were not cited in the main action and were unaware of the litigation, which justifies rescission of the default judgment. The alleged fraudulent transfer of property, if proven, would mean ownership did not pass, and the applicants are entitled to defend their rights. The court emphasized the importance of access to justice and the need to prevent grave i…
Source excerpt
Caterpillar Financial Services South Africa (Pty) Ltd v Zero Azania (Pty) Ltd (57252/2021) [2023] ZAGPJHC 1117 (2 October 2023)
Leave to appeal was refused and execution pending appeal was granted in a vindication matter involving Caterpillar machinery, with costs on the attorney-client scale.
Caterpillar Financial Services South Africa (Pty) Ltd v Azania Money Growth (Pty) Ltd (57254/2021) [2023] ZAGPJHC 1114 (2 October 2023)
Leave to appeal was refused and execution pending appeal was granted over Caterpillar machinery. The court found weak prospects of success and irreparable harm to the owner.
S v Schroender N.O and Another v Mahlati and Another (1399/16) [2017] ZAECELLC 5 (24 January 2017)
The High Court granted summary judgment to liquidators recovering misappropriated funds diverted into an account controlled by the first defendant.
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