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South Africa decisions
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Mbana v Balintulo and Others (79752/2019) [2021] ZAGPPHC 283 (21 April 2021)
The High Court granted consolidation of four defamation actions against Linda Mbana, finding the matters arose from the same cause and that no substantial prejudice was shown.
Nkomazi Municipality v Ngomane of Lugedlane Community and Others (LCC 74 / 06) [2007] ZALCC 28; [2010] 3 All SA 563 (LCC) (4 December 2007)
The court found that restoration of land within the urban edges of the four towns would entail expropriation at prohibitive cost, cause major social disruption, and result in overcompensation to claimants who were dispossessed of rural land. The public interest and equity considerations, as well as the feasibility of restoration, weighed decisively against restoration. The requirements of Section 34(6) were met: it is in the public interest that the land should not be restored, and the public would suffer substantial prejudice if restoration remained a possibility pending trial. The court hel…
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