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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 63

S A Transit Service CC v iCollege Pty Ltd (38592/2020)

S A Transit Service CC v iCollege Pty Ltd (38592/2020) [2022] ZAGPPHC 63 (14 February 2022)

The High Court removed an out-of-time leave-to-appeal application from the roll because no formal condonation application had been brought.

  • Condonation For Late Filing
  • Uniform Rule 27
  • Notice Of Bar
  • Authority To Act
  • Application For Leave To Appeal
  • Condonation-for-late-filing
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Civil Procedure [2020] ZACC 17

Penwill v Penwill NO and Others (CCT 91/18)

Penwill v Penwill NO and Others (CCT 91/18) [2020] ZACC 17; 2020 (12) BCLR 1419 (CC) (21 July 2020)

The Constitutional Court found that the Taxing Master had misapplied the applicable tariff to item 23 of the bill of costs by using Part C 3(a) instead of the correct Part C 3(c), which applies to affidavits composed or corrected by counsel. The correct tariff was R12.00 per page, not R47.00, resulting in a reduction of the allowed amount from R1 504.00 to R384.00. The court held that the warrant of execution and notice of attachment, which were based on the incorrect taxation, must be set aside. For the other challenged items, the court found no basis to interfere with the Taxing Master's di…

  • Review Of Taxation
  • Costs Awards
  • Application For Leave To Appeal
  • Warrant Of Execution
  • Trust Dispute
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Criminal Law [2005] ZANCHC 121

S v Magano (K/S 43/05)

S v Magano (K/S 43/05) [2005] ZANCHC 121 (10 August 2005)

The High Court dismissed an application for leave to appeal against a rape conviction, finding no reasonable prospect of success and accepting the trial court’s credibility findings.

  • Rape
  • Criminal Procedure
  • Credibility Of Witnesses
  • Application For Leave To Appeal
  • Leave-to-appeal
  • Witness-credibility
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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.