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South Africa decisions
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Sebeela v Monroe Flowers and Vermaak INC and Others (26857/2021) [2024] ZAGPJHC 526 (3 June 2024)
The High Court dismissed a professional negligence claim against attorneys after finding that, although the RAF claim prescribed, the plaintiff failed to prove the underlying RAF case.
Nkosi v Mazwai (2021/14182) [2024] ZAGPJHC 70 (30 January 2024)
The court dismissed a late application for condonation and leave to appeal in a defamation matter, and ordered punitive costs against the respondent and her attorney.
Barnard v Schoonraad, Delport & Van der Merwe Inc (3679/2010) [2024] ZAECQBHC 3 (23 January 2024)
The High Court dismissed an attorney firm's prescription plea, holding the plaintiff only acquired sufficient knowledge of the negligent handling claim on 10 December 2007.
Phatshoane Henney Attorneys and Another v Trollip (3683/2018) [2022] ZAFSHC 213 (1 September 2022)
The court found that the respondent did not have all the necessary facts on 9 July 2015 to know that the second applicant's negligence caused her loss. The second applicant failed to inform the respondent of his omissions and the possibility of a claim against him or the first applicant, thereby wilfully preventing her from acquiring knowledge of the debt. The respondent only became aware of the relevant facts after consulting new attorneys on 19 July 2016. The applicants failed to discharge the onus of proving prescription. The court also held that the punitive costs order and witness fees w…
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Ngwenya v Trustees for the time being of Sishen Iron Ore Company Community Development Trust and Another (J 3581/18) [2022] ZALCJHB 246 (17 August 2022)
The court found that attorney Motlatsi Lekhesa recklessly advised the applicant to pursue a hopeless and unarguable case under section 77(3) of the BCEA, despite knowing there was no contract of employment. The attorney ignored clear warnings from the respondents and failed to meet the ethical obligation to ensure only genuine and arguable cases are brought before the court. The conduct materially deviated from the standard expected of legal practitioners, justifying a punitive costs order de bonis propriis against Lekhesa or his firm on an attorney and own client scale.
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Vodacom Group Limited v Congolese Wireless Network SARL and Another (30053/2020) [2021] ZAGPJHC 793 (7 December 2021)
High Court decision enforcing arbitral awards under the Arbitration Act and rejecting a de bonis propriis costs award against an attorney who was not a party to the arbitration.
BG Bojosinyane and Associates v Van Staden (CA&R77/2015) [2017] ZANCHC 67 (26 May 2017)
Full-bench appeal on sheriff storage fees was upheld; the magistrate’s order was set aside because the trailer was never lawfully attached and no liability was shown.
Tourvest Holdings (Pty) Limited v Henning (20239/13) [2015] ZAGPPHC 63 (11 February 2015)
The court found that the defendant, Mr Henning, abused the process of court by knowingly suppressing material facts in his applications for writs of execution, with the intention of frustrating the plaintiff's recovery of funds paid in error. Henning was aware that the treasury arrangement had ended and that the payment to Tulah was erroneous, yet he proceeded to attach and pay over the funds to Monkam, acting in concert with his client. This conduct was unlawful and amounted to abuse of process. However, the plaintiff failed to prove, on a balance of probabilities, that but for Henning's con…
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Coetzee v Wilsenach Van Wyk Goosen & Bekker Inc (57161/11) [2013] ZAGPPHC 451 (4 December 2013)
High Court delict claim against an attorneys firm for negligent misrepresentation succeeded. The court found a conveyancing duty was breached and awarded the lost deposit and costs.
Tusevele v Van Der Merwe (08/14641) [2009] ZAGPJHC 24 (8 June 2009)
The High Court dismissed a claim that an attorney negligently lodged a Road Accident Fund claim, finding substantial compliance and no proven negligence.
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