- Flynote
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Rescission of judgment – whether an order granting a right of way of
necessity can be rescinded on the basis of fraud or justus error – insufficient evidence to prove respondents’ knowledge of fraudulent misrepresentation – no basis for finding that court a quo would have granted a different order had the true facts been known to it – appeal dismissed.
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Cited documents 3
Judgment 1
1. | Moraitis Investments (Pty) Ltd and Others v Montic Diary (Pty) Ltd and Others (799 of 2016) [2017] ZASCA 54 (18 May 2017) | 13 citations |
Legislation 2
1. | Superior Courts Act, 2013 | 1696 citations |
2. | National Water Act, 1998 | 850 citations |
Documents citing this one 3
Judgment 2
1. | L C v L C (2023/004515) [2023] ZAGPJHC 1365 (15 November 2023) | |
2. | Nelson v Nelson (2283/2021) [2022] ZAECGHC 9 (17 May 2022) |