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South Africa decisions
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Ninarich Trading 3 (PTY) Ltd and Another v Myatyana and Others (047559/2022) [2022] ZAGPJHC 962 (5 December 2022)
Urgent application struck from the roll for non-compliance with Rule 6 of the Uniform Rules of Court; costs were awarded against the applicants.
Elgin Brown & Hamper Proprietary Limited v Sheriff and/or Duly Appointed Deputy, of the High Court: Durban Coastal and Others (A24/2022) [2022] ZAKZDHC 46 (27 October 2022)
The court found that the sale in execution of the floating crane Imvubu was invalid due to two essential defects: the auction advertisement was published only seven days before the sale, contrary to the ten-day requirement of Rule 41(19)(c) of the Magistrates' Courts Rules, and the venue of the auction was changed from the advertised location, undermining the integrity of the sale process and potentially reducing competition. These defects constituted non-compliance with essential formalities, rendering the sale void. Section 70 of the Magistrates' Courts Act did not protect the third respond…
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Jaguar Feed Enterprises (Pty) Ltd v Sibeko Agri Marketing (Pty) Ltd and Others (18000/2019) [2020] ZAWCHC 176 (7 December 2020)
The High Court dismissed an application for a final interdict against a third respondent over alleged improper threats and held the relief was too broad and unsupported.
Shelving Man (Pty) Ltd v Dawood and Others (3309/2015) [2015] ZAKZDHC 50 (22 June 2015)
The court dismissed a bid for leave to appeal, holding that withdrawn interdictory relief did not let the respondent contest the merits of the spoliation claim.
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