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South Africa decisions
Decisions matching the current search
Nedbank Limited v DC Trustees (Reasons) (4221/2024) [2024] ZAWCHC 337 (28 October 2024)
The High Court granted Nedbank’s application to place DC Trustees under final liquidation, finding the debt undisputed on bona fide grounds and the company commercially insolvent.
Msimang and Others v Kingston and Others (Leave to Appeal) (13623/2022) [2024] ZAGPPHC 265 (26 March 2024)
The High Court dismissed condonation for a late leave-to-appeal application, finding no reasonable explanation for the delay and no reasonable prospects of success.
Ghaheri and Others v FirstRand Bank Limited (18900/21 ; 18901/2021) [2023] ZAGPJHC 1277 (16 October 2023)
The court found that non-compliance with Rule 41A did not render the respondent's application fatally defective, as the appellants failed to demonstrate any prejudice and the court a quo properly exercised its discretion to condone late compliance. Regarding force majeure, the court held that the COVID-19 lockdown did not make performance objectively impossible; Wholesalers assumed the risk by entering into the variation agreement and failed to comply with its terms. The appellants' reliance on force majeure and supervening impossibility was rejected, as mere financial difficulty or commercia…
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MEC, Department of Public Works Eastern Cape Province v Moleshe (751/2020) [2023] ZAECBHC 2 (31 January 2023)
The court held that the lease was validly terminated, rejected the rule 41A and dispute-of-fact objections, and ordered eviction from the commercial properties.
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