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Motsielwa v Rakgokong and Another (M 491/2022) [2023] ZANWHC 86 (22 June 2023)
The High Court ordered co-operation with the sale of jointly held property, rejected non-joinder and dispute-of-fact objections, and awarded costs against the respondents.
Mpela and Another v Mkhize (13750/2020) [2020] ZAGPJHC 367 (9 July 2020)
The court found the applicants' version of events credible and corroborated by independent witnesses, while the respondent's version was far-fetched and untenable. The respondent's conduct constituted unlawful interference with the applicants' ownership and possession of the property. The principles from Plascon-Evans and Room Hire Co were applied, allowing the court to reject the respondent's version on the papers. The points in limine raised by the respondent, including misjoinder, were found to lack merit. The applicants established a clear right to urgent interdictory relief, and the resp…
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