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South Africa Case Law

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Civil Procedure [2025] ZANWHC 100

Firstrand Bank Limited v Vellem (M404/2022)

Firstrand Bank Limited v Vellem (M404/2022) [2025] ZANWHC 100 (12 June 2025)

The High Court rescinded a default judgment, finding the wrong entity had been cited and served, and granted Firstrand Bank leave to defend.

  • Rescission Of Judgment
  • Default Judgment
  • Defective Service
  • Misidentification Of Party
  • Audi Alteram Partem
  • Costs In The Cause
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Civil Procedure [2025] ZAMPMBHC 44

Mgwenya and Another v NMI Durban South Motors (Pty) Ltd t/a Garden City Motors Mbombela and Another (525/2023)

Mgwenya and Another v NMI Durban South Motors (Pty) Ltd t/a Garden City Motors Mbombela and Another (525/2023) [2025] ZAMPMBHC 44 (30 May 2025)

The High Court granted a partial stay of execution of a costs order, suspending attachment of the applicants’ right of action pending finalisation of the main action.

  • Stay Of Execution
  • Rei Vindicatio
  • Irreparable Harm
  • Court Discretion Under Rule 45a
  • Costs In The Cause
  • Stay-of-execution
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Civil Procedure [2025] ZAWCHC 208

First National Bank A Division of Firstrand Bank Limited v Roux (14851/2024)

First National Bank A Division of Firstrand Bank Limited v Roux (14851/2024) [2025] ZAWCHC 208 (19 May 2025)

The High Court refused a defendant’s bid to transfer a credit claim to the magistrates’ court and rejected her application to set the action aside.

  • Transfer Of Proceedings
  • Jurisdiction
  • Costs In The Cause
  • Transfer-of-proceedings
  • Civil-jurisdiction
  • Costs-in-the-cause
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Civil Procedure [2025] ZAGPPHC 205

Cream We Go (Pty) Ltd and Another v Paul's Homemade (Pty) Ltd and Others (013187/2022)

Cream We Go (Pty) Ltd and Another v Paul's Homemade (Pty) Ltd and Others (013187/2022) [2025] ZAGPPHC 205 (4 March 2025)

The High Court granted leave to appeal to the full bench and ordered that costs be dealt with in the main leave hearing.

  • Leave To Appeal
  • Costs In The Cause
  • Leave-to-appeal
  • Costs-in-the-cause
  • Civil-procedure
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Family And Children [2025] ZAGPPHC 23

T.M.C v K.M.P (038855/2023)

T.M.C v K.M.P (038855/2023) [2025] ZAGPPHC 23 (6 January 2025)

The High Court granted Rule 43 interim maintenance for the applicant and minor child, rejected technical objections, and ordered child-related support pending divorce.

  • Maintenance Pendente Lite
  • Rule 43 Procedure
  • Best Interests Of Child
  • Spousal Support
  • Financial Disclosure
  • Costs In The Cause
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Family And Children [2025] ZAGPPHC 11

H.X v G.X (017721/2023)

H.X v G.X (017721/2023) [2025] ZAGPPHC 11 (3 January 2025)

A Rule 43 interim maintenance application was dismissed after the court found the applicant had failed to make full and frank financial disclosure.

  • Maintenance Pendente Lite
  • Rule 43 Procedure
  • Financial Disclosure
  • Costs In The Cause
  • Rule-43
  • Interim-maintenance
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Family And Children [2024] ZAGPPHC 1367

J.B and Another v J.L.S and Another (22199/2022)

J.B and Another v J.L.S and Another (22199/2022) [2024] ZAGPPHC 1367 (31 December 2024)

The court found that the first applicant failed to provide sufficient evidence of a material change in circumstances since the previous Rule 43 order. The applicant did not annex relevant financial statements or bank records covering the period after the order, and his disclosures were incomplete. The court emphasized the duty of utmost good faith and full disclosure in Rule 43 applications, as established in Du Preez v Du Preez. The material non-disclosures meant the applicant was not before the court with clean hands, justifying refusal of the relief sought. The court exercised its discreti…

  • Rule 43 Variation
  • Maintenance Pendente Lite
  • Material Change In Circumstances
  • Interim Relief
  • Costs In The Cause
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Family And Children [2024] ZAGPPHC 1337

J.P.N v N.A.N (51791/2020)

J.P.N v N.A.N (51791/2020) [2024] ZAGPPHC 1337 (17 December 2024)

The court found that the applicant and children are in need of interim maintenance pending the finalisation of divorce proceedings. The applicant's financial position has deteriorated due to unemployment, mental health issues, and cancer diagnosis, and she no longer receives income from joint business interests. The respondent has substantial means and historically paid for the family's expenses, but has ceased doing so since separation. The applicant's expenses are reasonable and consistent with the marital standard of living. The respondent's arguments regarding the applicant's earning capa…

  • Rule 43 Interim Maintenance
  • Spousal Maintenance
  • Child Maintenance
  • Best Interests Of Child
  • Costs In The Cause
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Civil Procedure [2024] ZAGPPHC 539

A.S N.O and Others v M.S (83094/2018)

A.S N.O and Others v M.S (83094/2018) [2024] ZAGPPHC 539 (7 June 2024)

The High Court held that wasted costs from a failed trial enrolment should be costs in the cause, and refused a punitive costs order against the respondent personally.

  • Wasted Costs
  • Costs In The Cause
  • Trial Enrolment
  • Practice Directive
  • Punitive Costs
  • Wasted-costs
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Civil Procedure [2024] ZANWHC 131

Mpembe and Another v Minister of Police and Another (2226/2022)

Mpembe and Another v Minister of Police and Another (2226/2022) [2024] ZANWHC 131 (23 May 2024)

The court granted upliftment of the bar, dismissed a strike-out application, and upheld the plaintiffs’ Rule 30 complaint over a premature plea filing.

  • Upliftment Of Bar
  • Irregular Step
  • Malicious Prosecution
  • Personal Knowledge In Affidavits
  • Duty Of Care
  • Costs In The Cause
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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.