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South Africa Case Law

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Civil Procedure [2023] ZAWCHC 98

Julius v Namaqua Wines (Pty) Ltd and Another (5399 / 2012)

Julius v Namaqua Wines (Pty) Ltd and Another (5399 / 2012) [2023] ZAWCHC 98 (9 May 2023)

The High Court postponed an amendment application because the company said to be the true debtor was not joined and had not been given notice.

  • Amendment Of Summons
  • Misjoinder
  • Non Joinder
  • Uniform Rule 28
  • Prescription Interruption
  • Civil-procedure
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Civil Procedure [2023] ZAFSHC 55

Ferreira v Senekal and Others (223/2020)

Ferreira v Senekal and Others (223/2020) [2023] ZAFSHC 55 (17 February 2023)

The court allowed the plaintiff to amend summons to correct the second defendant’s identity and ordered costs against the wrongly cited company.

  • Amendment Of Summons
  • Misdescription Of Party
  • Professional Misconduct
  • Costs Award
  • Amendment-of-summons
  • Misdescription-of-party
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Civil Procedure [2010] ZAWCHC 52

ABSA Bank Limited v Carstens N.O. And Others (371/2010)

ABSA Bank Limited v Carstens N.O. And Others (371/2010) [2010] ZAWCHC 52 (23 March 2010)

The High Court refused summary judgment after finding the supporting affidavit was fundamentally defective and the summons contained inconsistent claim amounts.

  • Summary Judgment
  • Mortgage Bond Enforcement
  • Certificate Of Balance
  • Amendment Of Summons
  • Summary-judgment
  • Civil-procedure
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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.