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South Africa Case Law

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Civil Procedure [2021] ZAGPJHC 751

Tahilram v Kayser and Others In re: Kayser and Others v Tahilram (2020/10390)

Tahilram v Kayser and Others In re: Kayser and Others v Tahilram (2020/10390) [2021] ZAGPJHC 751 (26 November 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2020/10390
Judge
SK Hassim

The court held that rule 24(2) allows a defendant to pursue a claim in reconvention against both the plaintiffs and a third party, provided leave is obtained and the claim is legally cognisable. The defendant demonstrated locus standi and a cause of action under the Companies Act, and the claims in convention and reconvention arise from the same factual matrix involving shareholding and directorship in the company. The court found that the proposed claim in reconvention is not excipiable, as the grounds of exception raised by the plaintiffs pertain to vagueness and embarrassment rather than l…

Source excerpt

  • Joinder Of Parties
  • Claims In Reconvention
  • Companies Act Section 162
  • Delinquent Director
  • Statement And Debatement Of Account
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Civil Procedure [2008] ZAWCHC 119

Silvercraft Helicopters (Switzerland) Ltd and Another v Zonnnekus Mansion (Pty) Ltd, Silvercraft Helicopters Ltd and Another v Executive Helicopters (Pty) Ltd and Others; Antares International Ltd and Another v Executive Helicopters (Pty) Ltd and Others (11418/2007,14624/2007, 16340/2007)

Silvercraft Helicopters (Switzerland) Ltd and Another v Zonnnekus Mansion (Pty) Ltd, Silvercraft Helicopters Ltd and Another v Executive Helicopters (Pty) Ltd and Others; Antares International Ltd and Another v Executive Helicopters (Pty) Ltd and Others (11418/2007,14624/2007, 16340/2007) [2008] ZAWCHC 119; 2009 (5) SA 602 (C) (27 October 2008)

Court
Western Cape High Court, Cape Town
Case number
11418/2007,14624/2007,16340/2007
Judge
S Olivier

The court held that while there is an established practice permitting the ordering of security for costs from peregrinus plaintiffs, this is a matter of judicial discretion and not a substantive rule. The court found that ordering security for the full value of the claims in reconvention would be unjust and could amount to a denial of justice, especially where the plaintiffs reside in countries with established legal systems. Instead, the court ordered security for the costs of the claims in reconvention, not for their full value. Regarding the contempt proceedings, the court found no princip…

Source excerpt

  • Security For Costs
  • Peregrinus And Incola
  • Claims In Reconvention
  • Contempt Of Court
  • Judicial Discretion
  • Attachment Orders
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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.