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AI summary
The High Court dealt with an urgent application by Jozi FM seeking control of a bank account to be taken from Mr Montsho and returned to it. Wilson J said the matter was substantially the same as an earlier application that had been struck for want of urgency, and also said the mandament van spolie did not apply to control of a bank account. The application was struck from the roll with costs.
This may be relevant to urgent motion practice and to disputes concerning control of bank accounts.
Evidence from source
This is an application in which control of a bank account is sought to be taken from the respondent, Mr Montsho, and given back to the applicant, Jozi FM.
Supports: Plain summary sentence 1
Given the substantial similarity between this application and the application presented to van Aswagen AJ, in my view van Aswagen AJ's decision to strike the matter for want of urgency precludes the consideration of this application on an u
Supports: Plain summary sentence 2
For all those reasons, the application is struck from the roll with costs.
Supports: Plain summary sentence 3