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Case note: Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd and Another (CCT211/14) [2015] ZACC 34

Summary This application for leave to appeal raises queries on the content of the law of lease. It concerns an attempt by a petrol wholesaler to evict a licensed petroleum retailer from premises in Soweto where the retailer operated a business under the wholesaler’s brand. The Applicant, is a licenced petroleum retailer in terms of
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Case Note: Stupel & Berman v Rodel Financial Services 2015 (3) SA 36 (SCA)

Summary Immovable property was sold on auction by Amber Falcon to Cross Atlantic Properties for the purchase price of R7.2 million. Amber Falcon appointed the Appellants, Stupel & Berman (“S & B”), to act as the conveyancer in the registration of transfer of the property. Pending the transfer, Amber Falcon obtained bridging finance loans from
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Case Note: Burger and another v Executor of the Estate of the Late Malan N.O and Others (10631/06,8951/06)[2016] ZAWCHC 3 (20 January 2016)

Summary This matter involves two wills. One executed by Elizabeth Magdalena Malan (“the testatrix”) on 21 May 2003 and another “the disputed will” ostensibly executed by Malan on 22 September 2004. In the earlier will, Malan bequeathed her property situated at 17 Jacoma Court, Strand (“the property”) to Jeanette Van Der Merwe, the third Defendant.
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The S118(3) Monster

Case City of Tshwane Metropolitan Municipality v PJ Mitchell (38/2015) [2015] ZASCA 1 (29 January 2016) Introduction This article discusses the implications (but not the correctness of) the decision handed down by the Supreme Court of Appeal in City of Tshwane Metropolitan Municipality v PJ Mitchell (38/2015) [2015] ZASCA 1 (29 January 2016) (hereinafter “Mitchell”).
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Case Note: Nkosi v The State (20727/14) [2015] ZASCA 125 (22 September 2015)

FAIR IS FOUL AND FOUL IS FAIR Death of an armed robber owing to dolus eventualis Summary INTRODUCTION AND BACKGROUND FACTS The appellant (“the Surviving Robber”) was convicted in the North Gauteng High Court on one count of murder, two counts of robbery with aggravating circumstances, and one count each of unlawful possession of a
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