Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2022] ZAGPPHC 910

Westhills 379 Development (Pty) Limited v Buntu Foods (Pty) Ltd (32500/2020)

Westhills 379 Development (Pty) Limited v Buntu Foods (Pty) Ltd (32500/2020) [2022] ZAGPPHC 910 (22 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
32500/2020
Judge
Phahlane

The respondent misled the applicant and the court by denying any intention to vacate the premises while actively securing and signing a new lease elsewhere. This conduct was dishonest and amounted to constructive contempt, causing the applicant to incur unnecessary legal costs in preparing for trial and related applications. The respondent failed to notify the applicant of its actions, and its opposition to the proceedings was a misuse of court process. The court found that the merits of the eviction application had become academic and that it was inappropriate to consider them further. In ex…

Source excerpt

  • Punitive Costs Order
  • Eviction Proceedings
  • Attorney Client Scale
  • Constructive Contempt
  • Mootness
  • Costs Discretion
Read case analysis
Delict [2015] ZAGPPHC 63

Tourvest Holdings (Pty) Limited v Henning (20239/13)

Tourvest Holdings (Pty) Limited v Henning (20239/13) [2015] ZAGPPHC 63 (11 February 2015)

Court
North Gauteng High Court, Pretoria
Case number
20239/13
Judge
Tuchten

The court found that the defendant, Mr Henning, abused the process of court by knowingly suppressing material facts in his applications for writs of execution, with the intention of frustrating the plaintiff's recovery of funds paid in error. Henning was aware that the treasury arrangement had ended and that the payment to Tulah was erroneous, yet he proceeded to attach and pay over the funds to Monkam, acting in concert with his client. This conduct was unlawful and amounted to abuse of process. However, the plaintiff failed to prove, on a balance of probabilities, that but for Henning's con…

Source excerpt

  • Abuse Of Process
  • Attorney Liability
  • Prescription Act
  • Fiduciary Duty
  • Damages
  • Constructive Contempt
Read case analysis

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.