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South Africa decisions
Decisions matching the current search
S.R.L v E.M.L (A026585- 2021) [2023] ZAGPJHC 476 (16 May 2023)
The High Court set aside a maintenance warrant of execution obtained ex parte, holding that notice to the respondent was required and material facts had to be disclosed.
P.K v Rorich, Wolmarans and Luderitz Inc and Others (11207/18) [2021] ZAGPPHC 271 (13 April 2021)
The High Court held that a variation agreement signed in hospital was not enforceable, finding no intention to waive the applicant's 50% share in the property.
Le Grange and Another v Le Grange Family Trust and Others (7021/2016) [2017] ZAKZPHC 2 (7 February 2017)
The court found that the trust deed permitted majority decisions and that the fourth trustee was notified and chose to abstain, thus participating in the decision-making process. The resolutions authorising litigation and instructing attorneys were valid and binding on the trust. The applicants' objections were formal rather than substantive, as the fourth trustee had notice and an opportunity to participate. The court held that the applicants were entitled to enforce the original settlement agreement, as the purported variation agreement was not validly concluded; the third respondent had no…
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Rossitier and Others v Nedbank Ltd (8244/10) [2013] ZAKZPHC 13 (25 February 2013)
The court dismissed a rescission application, finding the applicants delayed unreasonably, had waived further notice, and raised no substantive defence.
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