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South Africa decisions
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Van Den Berg v Sayers N.O and Another (2645/2015) [2016] ZAGPPHC 845 (15 September 2016)
The High Court rescinded a default judgment after finding a bona fide defence and contradictory pleadings about whether a suretyship extended to an oral lease.
Maralco Business Advisors CC t/a Maralco CC v Maristo Project Managers (Proprietary) Ltd (38849/2014) [2015] ZAGPPHC 203 (16 April 2015)
The court held that service of the liquidation application on the respondent's attorneys was sufficient to bring the application to the respondent's attention, especially since the attorneys had expressly accepted service on behalf of the respondent. However, the respondent's unrefuted allegation that it had 75 employees, made under oath, must be accepted. Section 346(4A) of the Companies Act requires service on employees or their registered trade union, as they have a direct and substantial interest in the matter and may be adversely affected by liquidation. The applicant's failure to serve…
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Absa Bank v Giacinti and Another (1720/15) [2015] ZAGPPHC 153 (2 April 2015)
The High Court dismissed Absa Bank’s summary judgment application after finding defects in the founding affidavit and misidentification of the defendants.
Filander v S (A430/2010) [2010] ZAWCHC 493 (15 October 2010)
The High Court upheld an appeal against conviction because the appellant had been convicted under a repealed firearms provision, and the evidence did not justify the negligence finding.
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