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South Africa Case Law

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Family And Children [2023] ZAWCHC 92

T.G v B.J.G (A06/2023)

T.G v B.J.G (A06/2023) [2023] ZAWCHC 92 (23 March 2023)

Court
Western Cape High Court, Cape Town
Case number
A06/2023
Judges
Nyati, Baartman

The High Court found that the magistrate erred in rejecting the appellant's answering affidavit due to a clerical error by the commissioner of oaths, as the substance and context of the affidavit made it clear the deponent was present and the error was not fatal. The appellant, as a cited party and primary caregiver of the adult dependent child, retained a substantial interest in the maintenance proceedings and should not have been excluded without a factual enquiry into the daughter's dependence. The punitive costs order was set aside as the magistrate lacked jurisdiction and no reasons were…

Source excerpt

  • Maintenance Order Discharge
  • Locus Standi
  • Condonation For Late Filing
  • Costs Order
  • Commissioner Of Oaths Affidavit
  • Constitutional Right To Fair Hearing
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Civil Procedure [2022] ZANCHC 23

20Twenty Projects (Pty) Ltd v Tsantsabane Local Municipality (404/2016)

20Twenty Projects (Pty) Ltd v Tsantsabane Local Municipality (404/2016) [2022] ZANCHC 23 (22 April 2022)

Court
Northern Cape High Court, Kimberley
Case number
404/2016
Judge
Mamosebo

The court found that the respondent failed to comply with its obligations to deliver a response to the Rule 37(4) notice and to provide its discovery affidavit as required by the Uniform Rules. The technical objections raised by the respondent regarding the authority of the applicant's attorney and the validity of the affidavit were without merit, as substantial compliance with the regulations governing affidavits was demonstrated. The respondent's argument regarding non-compliance with Rule 30A was rejected, as the applicant's conduct was consistent with the requirements of Rule 35(7). The r…

Source excerpt

  • Discovery Affidavit
  • Rule 37 Pre Trial
  • Rule 35 Discovery
  • Rule 30a Non Compliance
  • Commissioner Of Oaths Affidavit
  • Costs Order
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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.