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South Africa decisions
Decisions matching the current search
Saint and Others v Chief Land Claims Commissioner and Others (LCC 36/2018) [2018] ZALCC 22 (25 October 2018)
The Land Claims Court dismissed an interlocutory joinder application, finding the CPA was properly cited without joining individual members, and ordered costs against the applicants.
Mokabo and Another v Nocanda and Another (1691/09, 1757/09) [2010] ZAECMHC 34 (15 April 2010)
The court found that the applicants, representing the church as a universitas, were properly authorized to bring the application. The respondents, having formed a Section 21 company with a name identical to the church, engaged in conduct amounting to passing-off, creating confusion among members and donors and threatening the church's identity and assets. The court rejected the respondents' procedural objections, including lis pendens, lack of standing, and alleged non-compliance with the Companies Act, finding that the cause of action was delictual and not a statutory review. The company con…
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Mamela Taxi Rank (Pty) Ltd v Mamela Taxi Association and Others (1617/09) [2010] ZAECMHC 15 (12 February 2010)
The court found that the applicant was in possession of R150,000, which was wrongfully withdrawn and transferred to the first respondent’s account without its consent. The urgency of the application was justified, as the funds were at risk of dissipation. The absence of a written resolution authorizing the deponent was not fatal, as sufficient evidence of authority was provided and not effectively disputed. The respondents’ arguments regarding rights to the funds and potential theft by Mr Boya were irrelevant to the spoliation remedy, which focuses solely on possession and dispossession. The…
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