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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 392

Eckard and Another v Outsurance Insurance Company Limited and Others (74991/16)

Eckard and Another v Outsurance Insurance Company Limited and Others (74991/16) [2020] ZAGPPHC 392 (30 July 2020)

The High Court allowed a second applicant to serve a late third party notice on its insurer for contingent indemnity, but dismissed the first applicant for lack of standing.

  • Third Party Procedure
  • Insurance Indemnity
  • Contractual Prescription
  • Non Disclosure
  • Prima Facie Case
  • Third-party-procedure
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Civil Procedure [2018] ZAGPPHC 754

Time Clothing (Pty) Ltd v School Stuff (Pty) Ltd and Another (67942/2013)

Time Clothing (Pty) Ltd v School Stuff (Pty) Ltd and Another (67942/2013) [2018] ZAGPPHC 754 (28 February 2018)

Leave to appeal against a costs order was dismissed. The court held the trial judge had properly exercised discretion and that the applicant was not prejudiced by a discovered agreement.

  • Costs Award
  • Withdrawal Of Counterclaim
  • Contractual Prescription
  • Amendment Of Pleadings
  • Costs-award
  • Leave-to-appeal
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Commercial And Corporate [2015] ZAWCHC 55

Old Mutual Life Assurance Company (South Africa) Limited v Revere Properties (Pty) Limited (2948/2011)

Old Mutual Life Assurance Company (South Africa) Limited v Revere Properties (Pty) Limited (2948/2011) [2015] ZAWCHC 55 (6 May 2015)

The court dismissed a prescription special plea, holding that the debt only became due after an adjustment account was delivered and that prescription was interrupted by acknowledgment.

  • Contractual Prescription
  • Interpretation Of Contracts
  • Liquidated Claims
  • Acknowledgement Of Liability
  • Contractual-prescription
  • Interpretation-of-contracts
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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.