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South Africa Case Law

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Criminal Law [2014] ZAKZPHC 4

Mthethandaba v S (AR 463/2007)

Mthethandaba v S (AR 463/2007) [2014] ZAKZPHC 4; 2014 (2) SACR 154 (KZP) (21 January 2014)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 463/2007
Judges
Vahed, Koen

The High Court held that, following the repeal of the Supreme Court Act and its replacement by the Superior Courts Act, the procedure for appeals in criminal matters has changed. The refusal of a petition for leave to appeal by two judges of the High Court constitutes a decision delivered on appeal, and any further appeal against such refusal lies to the Supreme Court of Appeal only with its special leave. The High Court no longer has jurisdiction to entertain applications for leave to appeal to the Supreme Court of Appeal against the refusal of a petition for leave to appeal. The logic in S…

Source excerpt

  • Leave To Appeal
  • Superior Courts Act
  • Criminal Procedure Act
  • Jurisdiction
  • Appeal Process
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Civil Procedure [2009] ZANCHC 32

BRC-Diamondcore Limited v River Corporate Finance (Pty) Ltd and Another, River Corporate Finance (Pty) Ltd v Diamond Core Resources (Pty) Ltd (642/2009)

BRC-Diamondcore Limited v River Corporate Finance (Pty) Ltd and Another, River Corporate Finance (Pty) Ltd v Diamond Core Resources (Pty) Ltd (642/2009) [2009] ZANCHC 32 (17 July 2009)

Court
Northern Cape High Court, Kimberley
Case number
642/2009
Judge
J I Henriques

The court found that BRC-Diamondcore Limited failed to discharge the onus required under section 354(1) of the Companies Act to justify a stay or setting aside of the winding-up order. The agreement with KIG Mining PLC was subject to suspensive conditions, and Diamond Core Resources (Pty) Ltd was not a party to the agreement nor guaranteed to receive the proceeds. BRC did not provide a satisfactory explanation for not opposing the original winding-up order or intervening earlier. The urgency of the applications was not justified, and the interests of creditors were not adequately considered.…

Source excerpt

  • Winding Up Proceedings
  • Stay Of Liquidation
  • Urgent Interdict
  • Locus Standi
  • Solvency
  • Appeal Process
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.