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South Africa Case Law

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Civil Procedure [2017] ZAGPPHC 813

National Empowerment Fund v Elikwatinin Three Taxi Association Primary Co-operative Limited and Others (2346/2017)

National Empowerment Fund v Elikwatinin Three Taxi Association Primary Co-operative Limited and Others (2346/2017) [2017] ZAGPPHC 813 (20 December 2017)

Court
North Gauteng High Court, Pretoria
Case number
2346/2017
Judge
M F Legodi

The court found that both parties failed to adhere to the terms of the loan agreement, specifically regarding joint signatories and the use of funds. The applicant did not make full disclosure of prior litigation and the circumstances leading to the ex parte order. The interim interdict, which froze the fourth respondent's bank account, had the effect of impeding its ability to trade and fulfil its contractual obligations, causing irreparable harm. The essence of interlocutory relief is to restore the status quo pending final determination of the parties' rights. The court held that the appli…

Source excerpt

  • Interim Interdict
  • Loan Agreement Breach
  • Status Quo Restoration
  • Urgent Application
  • Bank Account Freezing
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Land And Property [2015] ZAGPPHC 161

Viljoen and Another v Bekker (9189/2015)

Viljoen and Another v Bekker (9189/2015) [2015] ZAGPPHC 161 (19 February 2015)

Court
North Gauteng High Court, Pretoria
Case number
9189/2015
Judge
Molefe

The court found that the applicants had a registered servitude in their favour and were in peaceful and undisturbed possession of the servitude road. The respondent unlawfully deprived the applicants of possession by constructing a trench that blocked access. The existence of an alternative route was deemed irrelevant to the exercise of possession of the servitude road and did not constitute a defence to unlawful deprivation. The applicants satisfied the requirements for a spoliation order, and the court ordered restoration of access and possession of the servitude road to the applicants.

Source excerpt

  • Mandament Van Spolie
  • Servitude Right Of Way
  • Possession
  • Unlawful Deprivation
  • Status Quo Restoration
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.