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South Africa Case Law

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Civil Procedure [2014] ZASCA 126

Wright v Wright and Another (494/13)

Wright v Wright and Another (494/13) [2014] ZASCA 126; 2015 (1) SA 262 (SCA) (22 September 2014)

The Supreme Court of Appeal held that the appellant failed to provide admissible evidence to support his challenge to the referee's factual findings. The appellant's reliance on his expert's report, without confirmatory affidavits from persons with direct knowledge of the facts, rendered the evidence inadmissible hearsay. The court emphasized that factual findings of a referee appointed under section 19bis are binding unless shown to be unreasonable, irregular, or wrong. The appellant did not meet this threshold, nor did he provide motivated answers or countervailing evidence as required by l…

  • Referee Report
  • Partnership Accounting
  • Admissible Evidence
  • Challenge To Factual Findings
  • Motion Proceedings
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Civil Procedure [2014] ZAECGHC 20

Imkwanca Municipality v Bathembu and Others (154/2014)

Imkwanca Municipality v Bathembu and Others (154/2014) [2014] ZAECGHC 20 (3 April 2014)

The High Court refused to refer an interdict application to oral evidence, finding the municipality’s founding papers too vague and unsupported to justify it.

  • Interdict Application
  • Disputes Of Fact
  • Referral To Oral Evidence
  • Rule 6 5 G
  • Admissible Evidence
  • Oral-evidence-referral
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Administrative Law [2011] ZAGPPHC 210

Motorsport South Africa v World of Motorsport ZA and Others (31885/11)

Motorsport South Africa v World of Motorsport ZA and Others (31885/11) [2011] ZAGPPHC 210 (18 November 2011)

The High Court dismissed Motorsport South Africa’s application for an interdict, finding it failed to prove a clear right on admissible evidence.

  • National Sport And Recreation Act
  • Interdict
  • Exclusive Rights
  • Admissible Evidence
  • Admissible-evidence
  • Statutory-interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.