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South Africa Case Law

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Civil Procedure [2024] ZAKZPHC 82

K.L.F v D.R.P (13600/2023P)

K.L.F v D.R.P (13600/2023P) [2024] ZAKZPHC 82 (19 August 2024)

The High Court granted security for costs of R75,000 in a domestic-partnership dispute, finding the action was not vexatious and no costs order was warranted.

  • Security For Costs
  • Domestic Partnership
  • Universal Partnership
  • Vexatious Litigation
  • Cohabitation Agreement
  • Security-for-costs
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Family And Children [2017] ZAECPEHC 9

J.A.L (formerly V.D) v C.P.L (3146/2015)

J.A.L (formerly V.D) v C.P.L (3146/2015) [2017] ZAECPEHC 9 (2 February 2017)

High Court divorce matter on division of a joint estate, forfeiture of patrimonial benefits, and a disputed cohabitation agreement found void for duress.

  • Division Of Joint Estate
  • Forfeiture Of Patrimonial Benefits
  • Cohabitation Agreement
  • Irretrievable Breakdown
  • Domestic Violence
  • Divorce
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Civil Procedure [2016] ZAGPPHC 1042

Boyce v Utopia Properties (Pty) Limited; In re: Utopia Properties (Pty) Limited v Boyce (54224/2014)

Boyce v Utopia Properties (Pty) Limited; In re: Utopia Properties (Pty) Limited v Boyce (54224/2014) [2016] ZAGPPHC 1042 (20 December 2016)

High Court refused condonation for a late application to amend a counterclaim, finding the delay explanation vague and the proposed amendment excipiable.

  • Condonation
  • Leave To Amend Pleadings
  • Parol Evidence Rule
  • Cohabitation Agreement
  • Counterclaim Excipiability
  • Leave-to-amend-pleadings
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Civil Procedure [2015] ZAGPPHC 956

Utopia Properties (Pty) Ltd v Boyce (54224/2014)

Utopia Properties (Pty) Ltd v Boyce (54224/2014) [2015] ZAGPPHC 956 (18 September 2015)

The court dismissed an exception to a plea about a Ferrari dispute, but upheld an exception to a counterclaim based on a cohabitation agreement with a third party.

  • Pleading Requirements
  • Counterclaim
  • Cohabitation Agreement
  • Donation
  • Exception Procedure
  • Exception-procedure
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Family And Children [2010] ZAWCHC 337

Ponelat v Shrepfer (17318/2009)

Ponelat v Shrepfer (17318/2009) [2010] ZAWCHC 337 (18 October 2010)

The High Court granted leave to appeal to the Supreme Court of Appeal in a dispute over whether the parties had a tacit universal partnership.

  • Universal Partnership
  • Cohabitation Agreement
  • Leave To Appeal
  • Breach Of Promise
  • Universal-partnership
  • Cohabitation-agreement
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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.