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South Africa Case Law

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Land And Property [2024] ZAWCHC 422

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017)

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017) [2024] ZAWCHC 422 (13 December 2024)

The Court found that the plaintiff is the registered owner of the property and that the first defendant's occupation was initially lawful under a lease agreement, which was validly terminated after repeated breaches and expiry. The first defendant failed to regularise its occupation or pay arrears despite ample opportunity and notice. The arguments advanced by the first defendant regarding duress, conflict of interest, and zoning were unsupported by credible evidence and did not establish a legal right to remain. The Court considered the constitutional rights of the children and the obligatio…

  • Eviction Of Unlawful Occupier
  • Rei Vindicatio
  • Best Interests Of The Child
  • Lease Agreement Termination
  • Horizontal Application Of Bill Of Rights
  • School Relocation
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Family And Children [2024] ZAGPPHC 1013

J.C v C.A.J.C (17095/2024)

J.C v C.A.J.C (17095/2024) [2024] ZAGPPHC 1013 (2 October 2024)

The court found that the application was not urgent, as the respondent's conduct regarding sleepovers occurred months before the hearing and did not constitute ongoing harm. The applicant's evidence regarding the minor child's trauma was credible, and the respondent's denials were not persuasive, especially given the respondent's elevated GGT test results indicating possible excessive alcohol consumption. The best interests of the child require that sleepovers be excluded and the respondent's contact be supervised by a responsible adult identified by the applicant. The applicant's proposed re…

  • Interim Care And Contact
  • Maintenance Pendente Lite
  • Parental Coordinator
  • School Relocation
  • Contribution To Costs
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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.