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South Africa decisions
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Rauch v Pixie Dust Trading 134 (Pty) Ltd (52901/2018) [2019] ZAGPPHC 258 (11 June 2019)
The High Court dismissed a Rule 30 challenge to an eviction application, holding the respondent's procedure was not irregular and caused no procedural prejudice.
Mokwana and Others v Fakude (17861/2013) [2015] ZAGPPHC 503 (5 June 2015)
The applicants, as trustees of the Mokwana Family Trust, are the registered owners of the property and have complied with all procedural requirements under section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The respondent's request for postponement was refused due to lack of sufficient grounds and prejudice to the applicants. The respondent's defences were found to be without merit: the lis pendens defence failed as the previous Magistrates' Court application was withdrawn; the challenge to the transfer of the property was unsupported by evidence of p…
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