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Citation
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Judgment date
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| June 2016 |
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24 June 2016 |
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Eviction dismissed for defective proof of property, non-compliance with PIE particulars and no imminent danger from pipeline.
Eviction — proof of ownership and property description; PIE s 4(6) and (7) compliance — particulars of occupation and alternative land; alleged danger from pipeline — real and imminent danger; just and equitable assessment in eviction proceedings.
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24 June 2016 |
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24 June 2016 |
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Eviction dismissed for failure to prove ownership, imminent danger, and non-compliance with PIE information requirements.
Eviction – PIE Act s 4(6) & (7) – applicant must give particulars of occupiers and availability of alternative accommodation. Ownership proof – title deed and annexures must correlate to property sought to be recovered. Risk assessment – allegation of danger from pipeline requires credible, immediate risk evidence; delay undermines urgency. Just and equitable – permanence of occupation (brick structures) and procedural non-compliance may preclude eviction.
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24 June 2016 |
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Summary judgment refused because a genuine dispute exists whether the lease was concluded personally or by a company.
Lease – summary judgment – dispute of capacity of signatory (personal vs company) – conflict between proposal signed for company and lease signed "trading as" – genuine triable issue requiring evidence; technical pleading defects not a bona fide defence.
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24 June 2016 |
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24 June 2016 |
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24 June 2016 |
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23 June 2016 |
| May 2016 |
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Reported
Accomplice evidence corroborated by documents established VAT fraud, forgery and uttering; money laundering and POCA acquisition convictions not proved.
Criminal law – VAT refund fraud – forgery and uttering – admissibility of electronic SARS records (s15(4) ECT Act) – accomplice evidence and corroboration – money laundering (s4 POCA) requires concealment/disguising; mere receipt and spending of proceeds insufficient – s6 POCA acquisition/possession inapplicable where accused is principal.
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27 May 2016 |