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South Africa decisions
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Lisbon Developments (Pty) Ltd and Others v Mhlongo and Others (Leave to Appeal) (1904/2023) [2025] ZAMPMBHC 64 (28 July 2025)
The High Court granted leave to appeal in a land and trust dispute concerning a community-owned trust, finding compelling reasons under section 17(1)(a)(iii).
Betty Happy Xaba Trust v Rubicon Trust Company Ltd and Others (015371/2025) [2025] ZAGPPHC 226 (6 March 2025)
The court dismissed a beneficiary’s attempt to liquidate a trust company in a derivative capacity, holding that the Benningfield Exception did not apply.
Amaanat Investment Holdings Limited v FHO Trust (8717/2024) [2025] ZAKZPHC 11 (30 January 2025)
The High Court dismissed an exception to amended particulars of claim, holding the pleadings were sufficient when read as a whole and could be answered at trial.
Matjhabeng Local Municipality and Others v Ndayi N.O (A56/2024) [2025] ZAFSHC 11 (24 January 2025)
The Full Court set aside a contempt order against Matjhabeng Municipality and officials, holding that the applicant lacked proper trust authority and contempt was not proved beyond reasonable doubt.
Kotze N.O and Others v UD Boerdery CC (18631/2021) [2024] ZAWCHC 302 (8 October 2024)
The High Court granted an eviction order after finding the respondent’s occupation unlawful when the headlease and sublease ended.
Peri Formwork Scaffolding Engineering (Pty) Ltd v Broad-Based Black Economic and Others (20479/21) [2024] ZAGPPHC 359 (19 April 2024)
The court found that the Commission's findings dated 17 December 2020 were final and not preliminary, as evidenced by the language of the correspondence and the absence of further engagement after the applicant's response. The findings had a direct external legal effect and adversely affected the applicant's rights, thus constituting administrative action under PAJA. The Commission's misunderstanding of the applicant's ownership structure and the operation of the trust led to findings based on irrelevant considerations and errors of law. The Commission failed to follow proper procedure, inclu…
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Trustees for the Time Being of the P G W Family Trust and Others v N.W and Others (87/2023) [2024] ZAWCHC 57 (31 January 2024)
The respondents' occupation of the property was at best a personal right (precarium), not a real right of habitatio, and any such right has been lawfully terminated on reasonable notice. The Trust, as owner, is entitled to vindicate its rights and realise the asset for the benefit of its beneficiaries. The respondents, though vulnerable due to age and disability, have no enforceable right to remain. The municipality has undertaken to provide alternative accommodation, and the applicants have made reasonable offers to assist with care and transport. Balancing the rights of the owner and the oc…
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Xinishe v Lonplats Marikana Community Development Trust and Another (Leave to Appeal) (M658/2020) [2024] ZANWHC 5 (5 January 2024)
Leave to appeal was dismissed because the applicant failed to show reasonable prospects of success. Costs were awarded against him.
Erasmus N.O and Others v Van Der Linde and Others (2197/23) [2023] ZAMPMHC 37 (20 October 2023)
The court found that the applicant failed to establish a prima facie right to the interim interdict. The evidence did not support the claim that the respondent acted without trustee authorization, as a resolution signed by the trustees existed. The applicant did not provide sufficient proof that the reconstruction was unlawful under the National Building Regulations and Building Standards Act, nor did she demonstrate any imminent harm that would justify the grant of an interim interdict. The balance of convenience favored the respondent, as halting construction would cause deterioration and f…
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Oaker and Others v Kriel NO ; Rockland Group Holdings (Pty) Ltd v Kriel NO and Others (118/2021; 185/2022) [2023] ZASCA 68 (17 May 2023)
The Supreme Court of Appeal dismissed a stay application and dismissed the appeal, while upholding the cross-appeal in a curatorship dispute involving fiduciary breaches and corporate opportunity diversion.
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