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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 653

Arnold v Cowen and Another (4523/2022)

Arnold v Cowen and Another (4523/2022) [2025] ZAGPJHC 653 (27 June 2025)

The High Court dismissed an application for leave to appeal, finding the challenged order interlocutory, the new evidence inadmissible, and the threshold unmet.

  • Leave To Appeal Threshold
  • Interlocutory Orders
  • Condonation
  • Costs Punitive Scale
  • Leave-to-appeal
  • Interlocutory-orders
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Civil Procedure [2025] ZALMPPHC 110

Polokwane Local Municipality v Sand Hawks (Pty) Ltd and Others (1775/2025)

Polokwane Local Municipality v Sand Hawks (Pty) Ltd and Others (1775/2025) [2025] ZALMPPHC 110 (9 June 2025)

The High Court set aside an ex parte eviction order for non-disclosure and abuse of process, discharged the rule nisi, dismissed the application, and ordered punitive costs.

  • Ex Parte Applications
  • Rule Nisi Anticipation
  • Audi Alteram Partem
  • Abuse Of Process
  • Costs Punitive Scale
  • Ex-parte-applications
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Family And Children [2025] ZAGPJHC 319

M.P.M v T.R.T and Another (2023/118970)

M.P.M v T.R.T and Another (2023/118970) [2025] ZAGPJHC 319 (25 March 2025)

Urgent application granted to freeze 50% of a spouse’s pension benefit pending divorce, with punitive costs awarded against the first respondent.

  • Interim Interdict
  • Divorce Assets
  • Pension Fund Benefits
  • Urgency Rule 6 12
  • Maintenance
  • Costs Punitive Scale
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Family And Children [2025] ZAGPPHC 184

P.S.G v L.G (030710-2024)

P.S.G v L.G (030710-2024) [2025] ZAGPPHC 184 (27 February 2025)

The applicant failed to establish any of the jurisdictional grounds required under Rule 42(1) of the Uniform Rules of Court or the common law for variation of a final court order. There was no error, ambiguity, or mistake common to the parties, and the settlement agreement accurately reflected the parties' intentions. The applicant's reliance on S.Z v L.Z was misplaced, as that judgment did not support her case. The court emphasized the importance of finality in litigation and found no exceptional circumstances warranting variation. The application was therefore dismissed as entirely without…

  • Variation Of Court Order
  • Settlement Agreement
  • Appointment Of Liquidator
  • Rule 42 Uniform Rules
  • Costs Punitive Scale
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Family And Children [2025] ZAFSHC 45

H.S.E v H.A.E (3350/2022)

H.S.E v H.A.E (3350/2022) [2025] ZAFSHC 45 (26 February 2025)

The applicant failed to discharge the onus of proving, on a balance of probabilities, that a change in primary residence and care would be in the best interests of the minor children. The psychologist's report relied upon was outdated and did not address the children's views, which are statutorily required. The family advocate's report, which included the children's perspectives and a thorough assessment, found no evidence of parental alienation and recommended that residence remain with the respondent. The applicant's allegations were not supported by credible evidence, and his persistent li…

  • Variation Of Custody Order
  • Best Interests Of Child
  • Parental Alienation
  • Maintenance Enforcement
  • Children S Act
  • Costs Punitive Scale
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Civil Procedure [2025] ZAGPPHC 161

GP Smith Letting CC v Jacobs and Van Aswegen Property Developers CC and Another (71943/2016)

GP Smith Letting CC v Jacobs and Van Aswegen Property Developers CC and Another (71943/2016) [2025] ZAGPPHC 161 (10 February 2025)

The High Court refused condonation for a late appeal, finding the delay inadequately explained and the appeal to lack prospects of success.

  • Condonation For Late Appeal
  • Hearsay Evidence
  • Fraud In Settlement Agreement
  • Arbitration Award Enforcement
  • Costs Punitive Scale
  • Condonation-for-late-appeal
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Commercial And Corporate [2025] ZALMPPHC 14

CJ Minaar Beherend (Pty) Ltd and Others v Du Toit N.O and Others (13381/2024)

CJ Minaar Beherend (Pty) Ltd and Others v Du Toit N.O and Others (13381/2024) [2025] ZALMPPHC 14 (22 January 2025)

The High Court set aside a business rescue resolution for non-compliance with section 129, found the applicants had locus standi, and awarded punitive costs.

  • Business Rescue
  • Affected Persons
  • Locus Standi
  • Section 129 Companies Act
  • Urgent Application
  • Costs Punitive Scale
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Administrative Law [2025] ZAGPJHC 30

Erf 7 [ ... ] Robindale Five (Pty) Limited v City of Johannesburg Metropolitan Municipality (2024/136466; 2023/077080; 2020/15428)

Erf 7 [ ... ] Robindale Five (Pty) Limited v City of Johannesburg Metropolitan Municipality (2024/136466; 2023/077080; 2020/15428) [2025] ZAGPJHC 30; [2025] 2 All SA 162 (GJ) (6 January 2025)

Three urgent Johannesburg utility-disconnection disputes were consolidated. The court granted interdicts, found contempt in one matter, and ordered punitive costs.

  • Municipal Billing Disputes
  • Abuse Of Power
  • Procedural Fairness
  • Utility Disconnection
  • Civil Contempt
  • Costs Punitive Scale
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Civil Procedure [2024] ZAGPJHC 942

Educated Risk Investments 54 (Pty) Ltd v Master of the High Court, Johannesburg and Others (A5072/2022)

Educated Risk Investments 54 (Pty) Ltd v Master of the High Court, Johannesburg and Others (A5072/2022) [2024] ZAGPJHC 942 (19 September 2024)

The High Court dismissed an appeal against confirmation of a liquidation and distribution account, holding the remedy lay in PAJA review and that reopening was barred after distribution began.

  • Liquidation And Distribution Account
  • Administrative Action Review
  • Ultra Vires
  • Companies Act 1973
  • Covid19 Regulations
  • Costs Punitive Scale
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Civil Procedure [2024] ZAGPPHC 500

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022/042145)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022/042145) [2024] ZAGPPHC 500 (28 May 2024)

High Court strike-out application in a shareholder dispute, addressing scandalous matter, new matter in reply, and evidence allegedly obtained by theft.

  • Striking Out Scandalous Matter
  • Delinquent Directors
  • Evidence Obtained Illegally
  • Shareholder Disputes
  • Oppressive Conduct
  • Costs Punitive Scale
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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.