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South Africa Case Law

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Civil Procedure [2023] ZAFSHC 29

Investeach Lerekat (Pty) Ltd v Morobane (5052/2019)

Investeach Lerekat (Pty) Ltd v Morobane (5052/2019) [2023] ZAFSHC 29 (8 February 2023)

The High Court dismissed an application for leave to appeal in a contractual dispute, finding no reasonable prospect of success and awarding costs.

  • Leave To Appeal
  • Contractual Modification
  • Quantum Of Damages
  • Costs Award
  • Leave-to-appeal
  • Contract-law
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Civil Procedure [2008] ZAFSHC 153

Viviers NO and Another v Barnard NO (A441/2007)

Viviers NO and Another v Barnard NO (A441/2007) [2008] ZAFSHC 153 (19 December 2008)

High Court appeal on prescription under section 12(3) of the Prescription Act. The court held the executor had constructive knowledge by February 2003 and upheld the special plea.

  • Extinctive Prescription
  • Verjaringswet
  • Reasonable Care
  • Knowledge Of Debtor
  • Contractual Modification
  • Extinctive-prescription
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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.