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South Africa decisions
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SY v HS (21709/2022) [2022] ZAGPJHC 895 (8 November 2022)
The High Court dismissed an urgent application to evict a respondent from the family home and struck remaining prayers off the roll for lack of urgency.
Moagi N.O. and others v Members of the Bapo Community and others (M685/2020) [2021] ZANWHC 25 (19 August 2021)
The court held that although section 22 of the Restitution of Land Rights Act confers exclusive jurisdiction on the Land Claims Court for land claims disputes, the present matter does not concern a land claim. The land claim has already been resolved, and the property is registered in the name of the Trust. The dispute is not about restitution or competing rights in land but concerns the enforcement of the Trust's property rights against unlawful access and grazing by the respondents. The reliance on Salem Party Club v Salem Community is misplaced, as the facts are distinguishable. The High C…
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