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South Africa Case Law

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Civil Procedure [2016] ZAGPPHC 43

Mushwana and Another v Bondev Midrand (Pty) Ltd and Others (1415/14)

Mushwana and Another v Bondev Midrand (Pty) Ltd and Others (1415/14) [2016] ZAGPPHC 43 (3 February 2016)

The High Court rescinded a default judgment after finding proper service at domicilium, but a reasonable default explanation and a prima facie defence were shown.

  • Rescission Of Default Judgment
  • Service At Domicilium
  • Title Deed Conditions
  • Building Restrictions
  • Rescission-of-default-judgment
  • Service-at-domicilium
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Civil Procedure [2009] ZAWCHC 12

Berg en Dal Estate (Incorporating Mountaindale Estate) Homeowners Association v Van Huyssteen NO and Others (5418/05,787/2006)

Berg en Dal Estate (Incorporating Mountaindale Estate) Homeowners Association v Van Huyssteen NO and Others (5418/05,787/2006) [2009] ZAWCHC 12 (20 February 2009)

The court held that the arbitrator exceeded his powers by deciding a question not arising from the pleadings, namely whether the applicant's constitution empowered it to make application for revision of the site development plan. The arbitrator's determination did not fall within the scope of the disputes defined in the arbitration pleadings. The court found that the issue was not arbitrable as it did not relate to the applicant's status in the sense contemplated by section 2(b) of the Arbitration Act, but rather to the interpretation of the constitution. The application for review under case…

  • Arbitration Act 1965
  • Jurisdiction Of Arbitrator
  • Powers Of Homeowners Association
  • Interpretation Of Constitution
  • Land Use Planning Ordinance
  • Building Restrictions
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Administrative Law [2008] ZASCA 10

Antoy Investments (Pty) Ltd v Rand Water and Others (159/2007)

Antoy Investments (Pty) Ltd v Rand Water and Others (159/2007) [2008] ZASCA 10 (20 March 2008)

The Supreme Court of Appeal held that a review success should generally be remitted to the decision-maker, and varied the costs order in the appellant’s favour.

  • Review Of Administrative Action
  • Jurisdictional Facts
  • Remittal Of Decision
  • Building Restrictions
  • Costs Award
  • Administrative-law
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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.