Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Hatting v Marule N.O and Others (1863/2022) [2024] ZAMPMHC 22 (8 March 2024)
The High Court dismissed an application to compel trustees to transfer trust property as security, holding that automatic transfer would amount to a void pactum commissorium.
A.M v H.M and Others (42362/2021) [2023] ZAGPPHC 747 (31 August 2023)
The court upheld exceptions to a particulars of claim, holding that the Trust was not properly joined and the pleading was excipiable.
Van Wyk N.O. and Others v Minister of Mineral Resources and Energy (2015/2022) [2023] ZAFSHC 302 (2 August 2023)
The High Court upheld exceptions over trust citation, authority and specific performance, but not damages. Plaintiffs received 45 days to amend their pleadings.
Atlantic Oil Inland (Pty) Ltd v Calitz and Others (596/20) [2023] ZANWHC 72 (9 June 2023)
The High Court refused an application to lift a bar under Rule 27, finding the first defendant lacked locus standi to act for the Anja Trust.
Mafa and Another v Lonplats Marikana Community Others (M659/2020) [2023] ZANWHC 78 (30 March 2023)
The court found that it lacked jurisdiction as the Trust Deed was executed and registered in Johannesburg, and all relevant parties are domiciled there. The Trust Deed expressly conferred jurisdiction on the Gauteng High Court, Johannesburg. The applicants failed to refer the dispute to arbitration as required by clause 34 of the Trust Deed, and their justification for not doing so was insufficient. The applicants also failed to join all trustees, the Trust founder, and the Master of the High Court, which constituted fatal non-joinder. The applicants' belief that the Trust could be sued in it…
Source excerpt
Richter N.O and Others v Richter and Others (1988/2017) [2021] ZAFSHC 294 (18 November 2021)
The High Court dismissed leave to appeal against a judgment upholding a compromise plea, finding no reasonable prospect of success.
D[....] v B[....] and Others (23664/2017) [2021] ZAGPPHC 212 (30 March 2021)
The court found that the plaintiff and first defendant were in a relationship akin to husband and wife, and that the plaintiff made substantial financial and labour contributions to the businesses and assets managed by the first defendant. The evidence established that both parties intended to build and accumulate assets for their joint benefit, and that the plaintiff was not merely an employee but a partner in a universal partnership. The court accepted that the partnership was tacitly formed through conduct and mutual intention, and that the assets and businesses operated by the first defen…
Source excerpt
Land and Agricultural Development Bank of South Africa and Another v Van den Berg and Others (1955/2016) [2021] ZAFSHC 97 (23 March 2021)
The High Court dismissed a Rule 35(3) discovery-compulsion application as overly broad and irrelevant to the separated issues, with punitive costs against the applicants.
Land v Agricultural Development Bank of South Africa and Another v Van Den Berg and Others (1955/2016) [2021] ZAFSHC 73 (28 January 2021)
The court dismissed an interlocutory application to compel discovery, finding it overly broad and unrelated to the separated issues for trial.
Monageng NO and Another v Poswa NO and Others (38283/2019) [2020] ZAGPJHC 318 (8 September 2020)
The court held that, except for the absence of a tender for repayment of amounts received and incorrect paragraph references, the amended particulars of claim are not vague and embarrassing and contain sufficient averments to sustain the causes of action for restitution and related relief. The failure to cite all trustees is not excipiable at the exception stage and is more appropriately raised by special plea. The objections based on the building management agreement, suspensive conditions, and alleged payment or overpayment require extrinsic evidence and are not suitable for determination b…
Source excerpt
Explore more
