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European Metal Trading (Africa) (Pty) Ltd v Lee Metals CC (78/2012) [2012] ZAKZDHC 42 (6 July 2012)
The High Court granted liquidators an ejectment order, finding the respondent’s alleged leases were fabricated and that no genuine factual dispute justified oral evidence.
Maharaj v Choudree and Others [2010] ZAGPJHC 6; 09/52967 (1 March 2010)
The applicant failed to discharge the onus of establishing a prima facie cause of action against the first respondent. The written documents relied upon do not evidence any agreement between the applicant and respondent personally, but rather refer to third-party entities with no demonstrated nexus to the alleged transaction. The applicant's versions of the agreement have been inconsistent across different proceedings, and the introduction of a simulated agreement theory is both new and contradictory to previous allegations. The court finds that there are no prospects of the applicant succeed…
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