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South Africa decisions
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Nwayo v Road Accident Fund (13607/2022) [2025] ZAGPPHC 667 (30 June 2025)
The High Court refused default judgment against the Road Accident Fund because the plaintiff’s statutory affidavit was commissioned before the accident and could not be relied on.
Standard Bank of South Africa Limited v Pit Dog Trading CC and Another (2709/2019) [2022] ZAMPMBHC 69 (22 August 2022)
The High Court allowed Standard Bank to intervene and dismissed Pit Dog Trading CC’s rescission application with costs, finding no basis under Rule 42.
Cibi and Others v Public Service Commission and Others (3703/2019) [2022] ZAECMKHC 44 (28 July 2022)
The court found that the error in the attestation clause of the affidavit, referring to the deponent as 'he' instead of 'she', was a clerical oversight and did not invalidate the affidavit. The deponent was an attorney of the court, and there was no evidence that the affidavit was not properly commissioned. The court applied the principle that substantial compliance with the Regulations suffices and exercised its discretion to admit the affidavit. Regarding costs, the court held that the applicants had been dilatory in pursuing the matter, failing to secure legal representation for nearly a y…
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