South Africa Case Law

Nedbank Limited v Moeletsi N.O and Another (17616-2022)

Nedbank Limited v Moeletsi N.O and Another (17616-2022) [2024] ZAGPJHC 759 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

17616/2022

Judge

B. C Wanless

The applicant's cause of action is based on the rei vindicatio, as ownership of the motor vehicle remained with the applicant until all contractual obligations were fulfilled. The applicant did not seek payment but only repossession of the asset. The Administration of Estates Act does not deprive the applicant of its common law right to repossess property from a deceased estate. The claims procedure under the Act is not a bar to such relief. The applicant provided sufficient proof of service of the demand, and the respondent admitted receipt. The authority of the deponent was not properly cha…

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• Rei Vindicatio
• Instalment Sale Agreement
• Administration Of Deceased Estates
• Section 129 National Credit Act
• Authority Of Deponent
• Costs Attorney And Client

Senekal v Legal Practice Council and Others (3858/2021)

Senekal v Legal Practice Council and Others (3858/2021) [2023] ZAFSHC 103; [2023] 2 All SA 834 (FB) (31 March 2023)

Court

Free State High Court, Bloemfontein

Case number

3858/2021

Judges

Van Zyl, Mhlambi

The court found that the LPC's decision to proceed with the disciplinary enquiry before only one member was unlawful and contrary to Rule 50, which requires two or more members. The applicant had a legitimate expectation, based on prior agreement and practice, that the Pan-matter would be heard by two chairpersons. The LPC's unilateral decision to allow virtual hearings, without authority or consultation, was also unlawful, as only the chairperson had the power to determine the manner of the enquiry. The chairperson's refusal to recuse himself, despite sharing an office and computer with the…

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• Disciplinary Enquiry
• Review Of Administrative Action
• Recusal Of Presiding Officer
• Virtual Hearings
• Costs Attorney And Client

Law Society of the Northern Provinces v Kyle (57490/2013)

Law Society of the Northern Provinces v Kyle (57490/2013) [2014] ZAGPPHC 283 (22 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

57490/2013

Judges

TM Makgoka, ALCM Lephoko

The High Court issued a rule nisi suspending an attorney pending final determination, citing unchallenged allegations and practice without a valid fidelity fund certificate.

• Attorney Discipline
• Fidelity Fund Certificate
• Rule Nisi
• Costs Attorney And Client
• Attorney-discipline
• Fidelity-fund-certificate

Western Cape Government v Ndiki (5008/2013)

Western Cape Government v Ndiki (5008/2013) [2013] ZAWCHC 81 (30 May 2013)

Court

Western Cape High Court, Cape Town

Case number

5008/2013

Judge

Wragge

The court found the applicant failed to establish urgency, as no incidents occurred after 22 March 2013 and building had resumed. The application was brought with minimal notice, causing prejudice to the respondents, and constituted an abuse of process. On the merits, the applicant did not prove the respondents committed or threatened any unlawful acts, nor did it establish a reasonable apprehension of harm at the time of launching the application. The facts, as admitted or alleged by the respondents, showed they attempted to calm and disperse crowds rather than incite unrest. The applicant f…

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• Final Interdict
• Urgency In Motion Proceedings
• Right To Undisturbed Possession
• Section 26 Constitution
• Regulation Of Gatherings Act
• Costs Attorney And Client