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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 1078

Department of Correctional Services and Another v Moagi and Others (2022-006301)

Department of Correctional Services and Another v Moagi and Others (2022-006301) [2024] ZAGPPHC 1078 (25 October 2024)

The High Court dismissed an application to rescind summary judgment, holding that the applicants’ failure to brief lawyers with a memorandum was their own negligence.

  • Rescission Of Judgment
  • Summary Judgment
  • Instrumentum Noviter Repertum
  • Common Error
  • Punitive Costs
  • Rescission-of-judgment
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Land And Property [2022] ZASCA 41

Brits v Kommandantsdrift CC and Others (143/2021)

Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022)

The Supreme Court of Appeal held that two land-sale contracts were void for common error, rejected prescription, and remitted unresolved rectification issues.

  • Void Contract
  • Common Error
  • Prescription Act
  • Rectification Of Title
  • Unjust Enrichment
  • Common-error
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Civil Procedure [2020] ZALMPPHC 5

M.N v L.F.G (5297/2018)

M.N v L.F.G (5297/2018) [2020] ZALMPPHC 5 (12 February 2020)

The court dismissed a provisional sequestration application, finding the respondent disputed the debt on bona fide and reasonable grounds and showed assets exceeding liabilities.

  • Provisional Sequestration
  • Act Of Insolvency
  • Settlement Agreement
  • Common Error
  • Liquidated Claim
  • Provisional-sequestration
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Commercial And Corporate [1997] ZASCA 10

Swartzberg v Leon Swartzberg & Company (Pty) Ltd. (373/95)

Swartzberg v Leon Swartzberg & Company (Pty) Ltd. (373/95) [1997] ZASCA 10 (14 March 1997)

The court held that a lease was rectifiable where the written terms failed to reflect the parties’ common intention that two adjoining leases end together.

  • Rectification Of Contract
  • Lease Agreement
  • Common Error
  • Option To Renew
  • Contractual Intention
  • Rectification-of-contract
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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.