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South Africa decisions
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Badenhorst v Diale Mogashoa Incorporated Attorneys and Others (2022-017825) [2025] ZAGPPHC 518 (23 May 2025)
The High Court refused summary judgment in a legal-fees dispute, holding that the defendants disclosed a bona fide defence based on a payment clause linked to RAF receipt.
Pitso and Others v Chabeli Molatoli Attorneys Incorporated (420/2023) [2024] ZASCA 94 (12 June 2024)
The Supreme Court of Appeal held that the principal, Mrs Pitso, was entitled at common law to terminate the mandate of the respondent attorney firm at will. The respondent failed to establish the requirements for a final interdict, specifically a clear right and the absence of an adequate alternative remedy. The respondent's remedy, if any, lies in a claim for damages for fees, not in compelling retention as agent. The cross-appeal was fatally defective and not competent. The order of the High Court was set aside and substituted with dismissal of the application with costs.
Source excerpt
Pretorius v L & V Prokureurs (A314/2012) [2013] ZAFSHC 142 (22 August 2013)
The High Court held that a client may demand taxation of an attorney’s account, and ordered release of a writ of execution against security.
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