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South Africa Case Law

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Civil Procedure [2022] ZAGPJHC 53

Nene v Road Accident Fund (2012/41577)

Nene v Road Accident Fund (2012/41577) [2022] ZAGPJHC 53 (12 January 2022)

The High Court criticised the plaintiff’s attorney for unexplained delays and an inflated amendment, and referred the conduct to the Legal Practice Council.

  • Contingency Fee Act
  • Professional Conduct Of Attorneys
  • Amendment Of Claim
  • Road Accident Fund Claims
  • Road-accident-fund
  • Contingency-fees-act
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Commercial And Corporate [2021] ZAWCHC 204

Bester N.O and Others v Massyn (9530/2021)

Bester N.O and Others v Massyn (9530/2021) [2021] ZAWCHC 204 (15 October 2021)

The applicants, as duly appointed liquidators, have locus standi to pursue the claim. The respondent received payments from the third applicant's bank account without any lawful or valid causa, resulting in unjust enrichment at the expense of the third applicant and its creditors. The respondent's arguments regarding prescription are rejected, as prescription only commenced upon the appointment of the liquidators and the acquisition of knowledge of the relevant facts. The respondent's alleged repayments do not qualify for set-off and must be pursued as concurrent claims against the liquidated…

  • Unjust Enrichment
  • Voidable Dispositions
  • Liquidation Proceedings
  • Prescription
  • Amendment Of Claim
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Delict [2019] ZAGPPHC 1062

Coutriers v Road Accident Fund (A828/2016)

Coutriers v Road Accident Fund (A828/2016) [2019] ZAGPPHC 1062 (19 November 2019)

The High Court increased a Road Accident Fund general damages award from R400,000 to R550,000 after finding the appellant’s severe injuries and amendment were not properly considered.

  • General Damages
  • Personal Injury
  • Quantum Of Damages
  • Amendment Of Claim
  • Permanent Disability
  • Road-accident-fund
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Commercial And Corporate [2017] ZACONAF 3

Modise v Eye-Con Manufacturing (NW013/2017)

Modise v Eye-Con Manufacturing (NW013/2017) [2017] ZACONAF 3 (7 November 2017)

By consent, the court amended the claim to R82,000 and ordered delivery of a Cold Room and two VIP Toilets, with no costs and a later compliance date.

  • Specific Performance
  • Contractual Claim
  • Amendment Of Claim
  • Delivery Of Goods
  • Specific-performance
  • Consent-order
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Civil Procedure [2013] ZAFSHC 118

M and K Accounting and Tax Consultants v Centlec (Pty) Ltd (2197/2011)

M and K Accounting and Tax Consultants v Centlec (Pty) Ltd (2197/2011) [2013] ZAFSHC 118 (27 June 2013)

The court granted a postponement after the applicant late-revised its claim, finding the respondent would be prejudiced and ordering the applicant to pay wasted costs.

  • Postponement Of Trial
  • Discovery Of Documents
  • Amendment Of Claim
  • Expert Evidence
  • Wasted Costs
  • Postponement-of-trial
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Commercial And Corporate [2011] ZAGPPHC 8

Blue Turtle Technologies (Pty) Ltd v Valor IT (Pty) Ltd (38952/09)

Blue Turtle Technologies (Pty) Ltd v Valor IT (Pty) Ltd (38952/09) [2011] ZAGPPHC 8 (24 January 2011)

The High Court found a binding oral agreement for the CIPRO tender, held the defendant repudiated it by going directly to Vignette, and awarded the plaintiff damages, interest, and costs.

  • Repudiation Of Contract
  • Oral Agreement
  • Damages For Breach
  • Contractual Onus
  • Amendment Of Claim
  • Repudiation-of-contract
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Commercial And Corporate [2008] ZAGPHC 443

Dereck v Gardel

Dereck v Gardel [2008] ZAGPHC 443; 17434/05, 17436/05 (19 September 2008)

The High Court held that the plaintiff proved his payments were loans, not venture capital, and ordered repayment with interest and costs in both consolidated cases.

  • Oral Contract
  • Loan Agreement
  • Shareholding Dispute
  • Amendment Of Claim
  • Summary Judgment
  • Burden Of Proof
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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.