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High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
3 judgments
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3 judgments
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November 2022
Nieman v Master of the High Court and Others (UM228/2022) [2022] ZANWHC 9 (28 November 2022)
Court authorised surviving spouse to manage estate and be issued interim letters of executorship to prevent commercial harm.
Estates Act — s 12 (interim curator) — limited powers to carry on business; s 14 (letters of executorship) — Master’s appointment; Urgent interim relief under Rule 6(12) to preserve commercial interests; Court may grant temporary executorial authority pending Master’s decision without usurping statutory discretion; Commissioning of affidavits — re‑commissioning and Rule 6(12) dispensation.
 28 November 2022
Chirwa v Ikemeleng Bagaetsho Construction and Projects C [2022] ZANWHC 5 (14 November 2022)
Discovery application dismissed for failure to show requested documents’ relevance and possession by the respondent.
Civil procedure – Rule 35(3) discovery – party seeking discovery must prove relevance and that documents are in opponent’s possession or control – documents held by third parties not discoverable from opposing party – costs awarded from date applicant persisted after being informed of non-possession.
 14 November 2022
Luvon Investments (Pty) Ltd v Tshufi Gaming and Resort (Pty) Ltd (M786/2021) [2022] ZANWHC 2 (3 November 2022)
Whether applicant had locus standi post-cession and whether a belated acceptance of a rejected renewal created a binding lease.
Lease law – expiry and month-to-month occupation; cession and re-cession of rentals – locus standi to sue post-cession; contract formation – counter-offer destroys original offer; belated acceptance ineffective; commercial eviction and reinstatement obligations; costs on attorney-and-client scale.
 3 November 2022