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South Africa decisions
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Landto Resources Company Limited v Motech Logistics RSA (Pty) Ltd (2913/2024P) [2024] ZAKZPHC 85 (21 June 2024)
The High Court ordered the return of eight trucks and trailers to the owner after finding the respondent had no lawful basis to keep them after cancellation.
NT55 Investments (Pty) Ltd and Another v Member of the Executive Council of the Gauteng Provincial Government and Others (4478/20) [2023] ZAGPJHC 986 (1 September 2023)
The High Court granted condonation and leave to appeal, but dismissed a section 18 application for interim relief and an application to strike out affidavit passages.
Sampson v Department of Justice and Constitutional Development and Others (34976/2021) [2023] ZAGPPHC 654 (4 August 2023)
The court found that the applicant failed to establish grounds for striking out the respondents' answering affidavits or defences, as procedural irregularities alleged did not cause prejudice and were either remedied or irrelevant. The applicant did not exhaust internal remedies under PAIA regarding his request for access to information, nor did he specify the documents sought beyond a court order he himself believed did not exist. The refusal to provide information was deemed, but without proof of internal appeal, the application was premature. Relief sought against the NDPP regarding prosec…
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First Rand Bank Limited t/a RMB Private Bank and as FNB v Doola (13723/2020) [2023] ZAGPJHC 456 (11 May 2023)
The court found that the respondent's rule 30 application was out of time and that the respondent had taken a further step in the proceedings by serving a rule 35(12) notice, which amounted to advancing the matter and acknowledging the impugned affidavits. As such, the respondent forfeited the right to bring the rule 30 application. Furthermore, both parties had filed affidavits late during the Covid-19 pandemic, but no prejudice was suffered as a result. The court held that the most appropriate remedy was to disregard the merits of the condonation applications and focus on the main applicati…
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Elundini Local Municipality v UNCEDO Taxi Association and Others (2093/2020) [2021] ZAECGHC 86 (14 September 2021)
The High Court dismissed a municipal eviction application after finding the supporting affidavits were procedurally defective and inadmissible.
Mamahule Traditional Authority v Mabyane and Others (2449/2021) [2021] ZALMPPHC 19 (14 May 2021)
The court struck out a late answering affidavit in an urgent application because no condonation was sought, but struck the main application off the roll for non-compliance with Rule 41A.
Trustees of the Rae Family Trust (T2031-2000) v Ledger and Others (11895/19) [2020] ZAWCHC 150 (6 November 2020)
The court held that the authority of ENS attorneys to act for the Rae Family Trust was valid only while the trust had the minimum number of trustees as required by its deed and as authorised by the Master. Upon the death of Rae, the trust was left with only one authorised trustee, Van Graan, and Dunn, although nominated, had not yet received letters of authority from the Master. This resulted in the trust lacking the capacity to act, and any mandate previously given to ENS ceased to be valid. The Rule 7(1) application disputing authority was brought within the prescribed period after Bisiplex…
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Dlodlo v Nkala and Another (16715/2018) [2020] ZAGPJHC 301 (18 September 2020)
The High Court dismissed an application for leave to appeal, holding the underlying order was interlocutory and not appealable, and ordered attorney-and-client costs.
Cashbuild (South Africa) (Pty) Ltd v Pyroca 109 CC t/a ADA and /ADA Civils and Another (7605/2017) [2019] ZALMPPHC 36 (5 August 2019)
The High Court dismissed a joinder application after finding the applicant had not shown authority to institute proceedings. Costs were awarded to the respondent.
Semela v Semela and Another (1975/2010) [2018] ZAFSHC 10 (1 March 2018)
The court granted leave to file a supplementary affidavit, finding exceptional circumstances, no material prejudice, and that fairness required fuller ventilation of the facts.
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