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South Africa Case Law

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Civil Procedure [2025] ZAECMHC 29

Mandela v Mandela and Others (Review) (1552/2013)

Mandela v Mandela and Others (Review) (1552/2013) [2025] ZAECMHC 29 (22 April 2025)

Court
Eastern Cape High Court, Mthatha
Case number
1552/2013
Judge
Rusi

The court held that the Taxing Mistress was competent to determine liability for attorney and client costs under Rule 70(8), even in the absence of a specific court order awarding such costs. The objections raised by Randall Attorneys regarding the lack of mandate, supporting documentation, and tariff recognition were not substantiated by evidence. The Taxing Mistress called for and received documentary evidence, including counsel's invoice, and exercised her discretion properly in allowing the disputed items. The court found no improper motive, misapplication of mind, or disregard of relevan…

Source excerpt

  • Taxation Of Costs
  • Attorney And Client Bill
  • Uniform Rules Of Court Rule 70
  • Review Of Taxing Master Decision
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Civil Procedure [2015] ZAGPJHC 169

Malherbe Rigg & Ranwell Incorporated v Pretorius (19133/2014)

Malherbe Rigg & Ranwell Incorporated v Pretorius (19133/2014) [2015] ZAGPJHC 169 (29 July 2015)

Court
South Gauteng High Court, Johannesburg
Case number
19133/2014
Judge
D S S Moshidi

The court held that domestic violence proceedings are competent civil proceedings in the magistrates' courts and fall within the purview of the clerk of the court for purposes of taxation of costs. The clerk was duty-bound to tax the bill of costs, and the evidence overwhelmingly showed that the taxation was conducted by agreement between the parties' legal representatives. The respondent's objections regarding the nature of the proceedings and the fee agreement were unfounded. The candidate attorney's error in assuming the bill was subject to review did not constitute a valid ground for inte…

Source excerpt

  • Taxation Of Costs
  • Attorney And Client Bill
  • Magistrates Court Review
  • Domestic Violence Proceedings
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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.