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South Africa Case Law

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Civil Procedure [2012] ZAGPJHC 292

Antonie v Noble Land (Pty) Ltd (2011/33953)

Antonie v Noble Land (Pty) Ltd (2011/33953) [2012] ZAGPJHC 292; 2014 (5) SA 307 (GJ) (21 September 2012)

The court held that substitution of the applicant after cession of a res litigiosa is governed by common-law principles, not Rule 15, as there is no change in status. The applicant cannot be automatically liable for costs incurred prior to substitution, as there is no privity of contract with the respondent regarding those costs. The respondent's potential prejudice regarding pre-substitution costs cannot be remedied by the mere granting of substitution. Furthermore, the existing security for costs order remains in force and cannot be disregarded or rendered nugatory by substitution. The cour…

  • Substitution Of Parties
  • Cession Of Res Litigiosa
  • Security For Costs
  • Costs Liability
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