South Africa Case Law

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023)

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023) [2025] ZALMPPHC 143 (28 July 2025)

Court

Limpopo High Court, Polokwane

Case number

264/2023

Judges

Chauke FR, Mashamba E

The High Court suspended an advocate for 18 months after finding he misappropriated trust funds, ordered curatorship over his trust accounts, and awarded attorney-and-client costs.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Suspension From Practice
• Curatorship Of Trust Accounts
• Costs On Attorney And Client Scale
• Legal-practitioner-misconduct

Lodi and Another v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Another (2022-003946)

Lodi and Another v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Another (2022-003946) [2025] ZAGPPHC 731 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-003946

Judge

Ferreira

The High Court struck an urgent application from the roll, finding the applicants had not shown sufficient urgency and that the urgency was self-created.

• Urgency
• Recission Of Judgment
• Abuse Of Process
• Costs On Attorney And Client Scale
• Rescission-of-judgment
• Abuse-of-process

Engen Petroleum Limited v Jai Hind EMCC t/a Emmarentia Convenience Centre and Another (2022/034996)

Engen Petroleum Limited v Jai Hind EMCC t/a Emmarentia Convenience Centre and Another (2022/034996) [2025] ZAGPJHC 485 (21 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/034996

Judge

B M Gilbert

The court granted condonation for a late leave-to-appeal application but dismissed leave to appeal, finding no prospects of success and awarding costs.

• Leave To Appeal
• Condonation
• Set Off
• Costs On Attorney And Client Scale
• Leave-to-appeal
• Set-off

Rentworks Africa (Pty) Ltd v Limpopo Provincial Government Department of Safety, Security and Liaison (732/2012)

Rentworks Africa (Pty) Ltd v Limpopo Provincial Government Department of Safety, Security and Liaison (732/2012) [2025] ZALMPPHC 59 (26 March 2025)

Court

Limpopo High Court, Polokwane

Case number

732/2012

Judge

M.A. Mphahlele

The High Court held the department liable for unpaid equipment rental under a master agreement, finding valid authority, automatic renewal, and costs on attorney-client scale.

• Equipment Rental Agreement
• Contractual Authority
• Automatic Renewal Clause
• Specific Performance
• Costs On Attorney And Client Scale
• Equipment-rental-agreement

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (1150/2024)

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (1150/2024) [2025] ZALMPPHC 23 (3 February 2025)

Court

Limpopo High Court, Polokwane

Case number

1150/2024

Judge

M Bresler

The High Court granted rei vindicatio relief, rectified an instalment sale schedule, and ordered return of Caterpillar units after cancellation of the agreement.

• Rei Vindicatio
• Rectification Of Contract
• Instalment Sale Agreement
• Ownership And Possession
• Contract Cancellation
• Costs On Attorney And Client Scale

Pillay v National Director of Public Prosecutions and Others (14688/2021P)

Pillay v National Director of Public Prosecutions and Others (14688/2021P) [2025] ZAKZPHC 6 (24 January 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

14688/2021P

Judge

Nako AJ

The court found that the late filing of the respondents’ opposing affidavit in the rule 30A application was adequately explained and condoned, as the explanation tendered was reasonable and the interests of justice required it. The rule 30A application was procedurally irregular, brought outside the prescribed period, and did not align with the remedies envisaged by the rule. The applicant’s insistence on barring the respondents and demanding condonation was not supported by the rules or the facts. The rule 35(7) application was also dismissed as the documents sought were not relevant to the…

Source excerpt

• Uniform Rules Of Court
• Condonation
• Discovery Procedure
• Review Application
• Costs On Attorney And Client Scale

Booysen v Ngwathe Local Municipality (2586/2020)

Booysen v Ngwathe Local Municipality (2586/2020) [2024] ZAFSHC 414 (24 December 2024)

Court

Free State High Court, Bloemfontein

Case number

2586/2020

Judge

Mhlambi

The respondent undertook in the pre-trial minute to provide specific information necessary for the preparation of trial, including its version of events, admissions, stance on documents, and witness list. Despite repeated requests and notices, the respondent failed to comply with its undertakings. The respondent's arguments that the questions amounted to requests for further particulars and that its intention to amend pleadings rendered the application moot are without merit. The respondent did not deny its undertakings and failed to provide any valid justification for non-compliance. The cou…

Source excerpt

• Uniform Rules Of Court Rule 30a
• Uniform Rules Of Court Rule 37
• Pre Trial Conference
• Striking Out Defence
• Costs On Attorney And Client Scale

Jerenic and Another v WKH Landfrebe and Company and Others (23837/2022)

Jerenic and Another v WKH Landfrebe and Company and Others (23837/2022) [2024] ZAGPJHC 1245 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23837/2022

Judge

S Aucamp

The High Court ordered delivery of a close corporation’s statutory and accounting records, rejecting contradictory denials and awarding attorney-and-client costs.

• Close Corporation Records
• Statutory Obligation To Deliver Documents
• Contradictory Affidavit Evidence
• Costs On Attorney And Client Scale
• Close-corporation-records
• Document-delivery-order

Standard Bank of South Africa Limited v Brilliant Car Sales CC and Others (17496/2017)

Standard Bank of South Africa Limited v Brilliant Car Sales CC and Others (17496/2017) [2024] ZAGPPHC 1193 (20 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

17496/2017

Judge

M P Motha

The High Court held that the defendants failed to prove full settlement of a loan, granted special executability of bonded property, and dismissed the counterclaim.

• Mortgage Bond Enforcement
• Suretyship Liability
• Full And Final Settlement
• Forgery Of Documents
• Special Executability
• Costs On Attorney And Client Scale

Modupe v Legal Practice Council (2023/121159)

Modupe v Legal Practice Council (2023/121159) [2024] ZAGPJHC 934 (20 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/121159

Judges

Sutherland, Modiba

The High Court refused leave to appeal after finding no reasonable prospects of success and ordered costs against the applicant on the attorney-and-client scale.

• Leave To Appeal
• Prospects Of Success
• Costs On Attorney And Client Scale
• Leave-to-appeal
• Reasonable-prospects-of-success
• Attorney-client-costs