South Africa Case Law

Magricor (Pty) Ltd v Border Seed Distributors CC; In re: Border Seed Distributors CC v Magricor (Pty) Ltd (1072/2020)

Magricor (Pty) Ltd v Border Seed Distributors CC; In re: Border Seed Distributors CC v Magricor (Pty) Ltd (1072/2020) [2020] ZAECGHC 103 (8 September 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

1072/2020

Judge

Kroon AJ

The application to stay execution of judgment pending rescission was fatally defective due to Magricor's failure to file a certificate of urgency, absence of a factual basis for urgency in the founding affidavit, and failure to provide a timetable for opposition and answering papers. The court held that the procedural requirements for urgent applications are mandatory and not subject to relaxation merely because the matter is set down on a motion court day. The applicant's conduct amounted to a wholesale disregard for the rules, and the application did not warrant preference over other matter…

Source excerpt

• Urgent Application Requirements
• Stay Of Execution
• Certificate Of Urgency
• Rule 6 12
• Rule 42 1 A

Director of Public Prosecutions (Transkei) v Nkalweni and Another (1993/2008)

Director of Public Prosecutions (Transkei) v Nkalweni and Another (1993/2008) [2008] ZAECHC 212; 2009 (2) SACR 243 (Tk) (24 December 2008)

Court

High Courts - Eastern Cape

Case number

1993/2008

Judge

X M Petse

The High Court set aside a magistrate’s bail order, finding no jurisdictional facts under section 60(11)(a) and rejecting procedural objections as technical.

• Bail Review
• Exceptional Circumstances
• Urgent Application
• Service Of Process
• Certificate Of Urgency
• Bail-review