Esheria South Africa Case Law
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South Africa Case Law

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Civil Procedure [2024] ZAECELLC 22

Total Energies Brite Star Station (Pty) Ltd and Another v Department of Mineral Resources & Energy and Others (1524/2013)

Total Energies Brite Star Station (Pty) Ltd and Another v Department of Mineral Resources & Energy and Others (1524/2013) [2024] ZAECELLC 22 (5 April 2024)

Court
Eastern Cape High Court, East London Local Court
Case number
1524/2013
Judge
B Hartle

The court found that the interlocutory application was incompetent and premature because the initiating process had not been served on the primary parties, rendering the review application inchoate. The case management order issued by Griffiths J stayed all other issues pending determination of standing and jurisdiction, and the filing of an application for leave to appeal did not suspend its operation, particularly as it was filed out of time and concerned an interlocutory order. The application was improperly enrolled during court recess without sufficient urgency, and the applicants' repea…

Source excerpt

  • Rule 30a Striking Out
  • Default Judgment
  • Case Management Orders
  • Service Of Process
  • Costs Award
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Civil Procedure [2014] ZAGPJHC 325

Hasmukh v International Bank of Southern Africa and Others; InRe: International Bank of Southern Africa and Others v Hasmukh (2001/17748)

Hasmukh v International Bank of Southern Africa and Others; InRe: International Bank of Southern Africa and Others v Hasmukh (2001/17748) [2014] ZAGPJHC 325 (28 October 2014)

Court
South Gauteng High Court, Johannesburg
Case number
2001/17748
Judge
Van der Linde, AJ

The court found that the plaintiff failed to comply with several material aspects of a prior court order, including providing a list of documents for the trial bundle and adequate supplementary responses to requests for further particulars. The plaintiff's delays in prosecuting the action were inordinate and inexcusable, with no satisfactory explanation provided for significant periods of inactivity and repeated failures to proceed on allocated trial dates. The court held that the primary responsibility for progressing litigation lies with the plaintiff, and the defendants had suffered prejud…

Source excerpt

  • Dismissal For Want Of Prosecution
  • Case Management Orders
  • Pre Trial Procedure
  • Delay In Prosecution
  • Irregular Proceedings
  • Prejudice To Defendant
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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.