Browsing: Civil Law

The Land Court has set aside an eviction order against Vusumuzi Kubheka and his family after finding that their removal from a farmhouse on Wydgelegen farm was a relocation dispute, not an eviction under ESTA. Acting Judge Maluleke ruled that the magistrate applied the wrong legal framework and sent the matter back for reconsideration with fairness and mediation at the centre.

A High Court judge has removed an executor after finding that eight of the deceased’s children were not disclosed to the Master and that statutory duties under the Administration of Estates Act were not properly carried out. The court ordered a full accounting of all estate assets and warned that any misappropriated funds may be forfeited.

Two High Courts have ruled that arrest under Section 40 is discretionary, not automatic, awarding over R2 million in unlawful arrest and detention damages in rape cases.

If you claim loss of income from the Road Accident Fund, you must prove that your earnings actually decreased because of the accident. The Mpumalanga High Court has reaffirmed that injury alone is not enough without clear evidence of real financial loss.

ALS Paramedics has taken KwaZulu-Natal MEC Siboniso Armstrong Duma to the Pietermaritzburg High Court over remarks it says damaged its reputation. The court has issued a rule nisi in the ALS Paramedics defamation case and will decide whether the statements amount to unlawful defamation.

A wrongful arrest and malicious prosecution trial was postponed after the High Court found both sides unprepared and ordered the police and NPA to pay wasted costs.

A KwaZulu-Natal judge has ruled that an R800000 loan to a son in law was repayable on demand, rejecting his claim that the payment was a donation.

Lawyers for Human Rights and Webber Wentzel return to the Supreme Court of Appeal to defend a high court ruling that held the Minister of Justice and Constitutional Development fully liable for the torture of five inmates at Leeuwkop Correctional Centre.

High Court rescinds ex parte farm sale order, ruling Section 47 gives the Master, not a judge, authority when heirs cannot agree.

A High Court has overturned a 1999 foreclosure judgment after finding the summons was served on a man who had already died, declaring the order “erroneously sought and granted.