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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 974

Janse van Rensburg and Others v WAD Holdings (Pty) Ltd and Others (29458/2022)

Janse van Rensburg and Others v WAD Holdings (Pty) Ltd and Others (29458/2022) [2022] ZAGPPHC 974 (5 December 2022)

The court found that the urgency relied upon by the applicants was entirely self-created, arising from their own dilatory conduct in prosecuting multiple actions, arbitrations, and applications over several years. The applicants failed to advance their litigation with diligence, and the imminent sale of shares was a foreseeable event that could have been addressed earlier. The court held that there were no compelling interests of justice, such as fraud or collusion, to justify indulgence of the urgent application. The applicants' repeated changes of position and procedural manoeuvres amounted…

  • Self Created Urgency
  • Interdict Pendente Lite
  • Costs Award
  • Share Sale Dispute
  • Actio Pauliana
  • Delay In Litigation
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Civil Procedure [2007] ZAGPHC 26

Travico (Pty) Ltd v Kinnear and Others (8288/07)

Travico (Pty) Ltd v Kinnear and Others (8288/07) [2007] ZAGPHC 26 (13 April 2007)

High Court urgent spoliation matter arising from a share sale dispute. The court ordered restoration of the applicant’s possession and control of the business.

  • Spoliation
  • Mandament Van Spolie
  • Share Sale Dispute
  • Urgent Interdict
  • Company Control
  • Mandament-van-spolie
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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.