South Africa Case Law

Law Society of the Northern Provinces v Smith and Another In re: Law Society of the Northern Provinces v Smith and Others; Smith and Others v Law Society of the Northern Provinces and Another (35899/2007)

Law Society of the Northern Provinces v Smith and Another In re: Law Society of the Northern Provinces v Smith and Others; Smith and Others v Law Society of the Northern Provinces and Another (35899/2007) [2017] ZAGPPHC 59 (24 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

35899/2007

Judge

Prinsloo

Section 18 relief was granted in part to let a Law Society inspection proceed pending appeal, but the broader execution order was refused because it could moot the appeal.

• Section 18 Superior Courts Act
• Suspension Of Orders Pending Appeal
• Irreparable Harm
• Exceptional Circumstances
• Attorneys Act Section 78
• Professional Regulation

Mobile Telephone Networks (Pty) Ltd t/a MTN v Hughes, Chisholm ANd Airey Incorporated and Another (3104/2014)

Mobile Telephone Networks (Pty) Ltd t/a MTN v Hughes, Chisholm ANd Airey Incorporated and Another (3104/2014) [2015] ZAECMHC 57 (8 May 2015)

Court

Eastern Cape High Court, Mthatha

Case number

3104/2014

Judge

J W Eksteen

The court found that the defendants failed to provide sufficient reasons for a postponement and did not demonstrate prejudice or bona fide grounds for delay. The plaintiff's affidavit complied with Rule 32(2), as the deponent swore positively to the facts and verified the cause of action and amount claimed. The defendants' alleged defences were vague, unsupported by material facts, and did not constitute a valid defence to the claim. The plaintiff was entitled to summary judgment for the outstanding amount, interest, and costs.

Source excerpt

• Summary Judgment
• Trust Account Liability
• Fraud
• Negligence
• Attorneys Act Section 78
• Interest On Deposit

Wycliffe Thipe Mothuloe t/a Mothuloe Attorneys v Kgafela II and Others (53972/2012)

Wycliffe Thipe Mothuloe t/a Mothuloe Attorneys v Kgafela II and Others (53972/2012) [2014] ZAGPPHC 928 (17 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

53972/2012

Judge

NP Mngqibisa-Thusi

The High Court set aside the attachment and restraint of an attorney trust account and awarded attorney-and-client costs against the respondents.

• Attorneys Trust Accounts
• Attachment And Execution
• Punitive Costs
• Rule 42 Rescission
• Attorneys Act Section 78
• Rule 45 Execution