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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 571

Munyaradzi v Road Accident Fund (31742/2019)

Munyaradzi v Road Accident Fund (31742/2019) [2025] ZAGPJHC 571 (10 June 2025)

The court removed a trial matter from the roll because it was not ready, reserved costs, and required the plaintiff’s attorney to explain the filing of a misleading practice note.

  • Removal From Roll
  • Costs Reservation
  • De Bonis Propriis
  • Practice Note Irregularity
  • Removal-from-roll
  • De-bonis-propriis
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Banking And Finance [2025] ZAGPJHC 532

Standard Bank of South Africa Limited v Brazen Freight SA (Pty) Ltd and Others (2024/101129)

Standard Bank of South Africa Limited v Brazen Freight SA (Pty) Ltd and Others (2024/101129) [2025] ZAGPJHC 532 (30 May 2025)

The court found that the applicant had established its claim against the first and second respondents, who did not oppose the application, and granted judgment against them for the amounts claimed. Regarding the third respondent, the court held that, in the absence of a Shifren clause requiring written termination, oral termination of the suretyship agreement is possible in law. However, the third respondent's evidence regarding oral termination required testing through cross-examination, as there was a bona fide dispute of fact unsuitable for resolution on affidavit. The court therefore refe…

  • Suretyship
  • Oral Cancellation Of Suretyship
  • Amendment Of Notice Of Motion
  • Rule 13 Third Party Procedure
  • Certificate Of Balance
  • Costs Reservation
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Civil Procedure [2025] ZAGPJHC 401

Howell v Road Accident Fund (2019/28805)

Howell v Road Accident Fund (2019/28805) [2025] ZAGPJHC 401 (23 April 2025)

The High Court found the Road Accident Fund trial was not ready to proceed because discovery was incomplete and a disputed police statement required a trial within a trial.

  • Discovery Of Documents
  • Admissibility Of Evidence
  • Road Accident Claim
  • Costs Reservation
  • Discovery-of-documents
  • Admissibility-of-evidence
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Civil Procedure [2025] ZAGPJHC 207

Nala v Road Accident Fund (2015/38831)

Nala v Road Accident Fund (2015/38831) [2025] ZAGPJHC 207 (28 February 2025)

The High Court postponed a default-judgment matter sine die after the Road Accident Fund said its records suggested the case had been defended, but the notice could not be found.

  • Postponement
  • Default Judgment
  • Costs Reservation
  • Default-judgment
  • Costs-reserved
  • Civil-procedure
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Civil Procedure [2024] ZAGPJHC 441

First Rand Bank Limited v Masebelanga (16534/2021)

First Rand Bank Limited v Masebelanga (16534/2021) [2024] ZAGPJHC 441 (8 May 2024)

The High Court held that filing two inconsistent pleas was an irregularity under Rule 30 and ordered the defendant to withdraw one plea. Costs were reserved.

  • Uniform Rules Of Court Rule 30
  • Irregular Proceedings
  • Pleadings
  • Costs Reservation
  • Civil-procedure
  • Uniform-rules-of-court-rule-30
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Civil Procedure [2024] ZAGPPHC 760

Jennings v Jennings (66445/2020)

Jennings v Jennings (66445/2020) [2024] ZAGPPHC 760 (7 March 2024)

The High Court held that proceedings were suspended after the applicant’s death, removed the matter from the roll, and reserved costs pending substitution.

  • Removal From Roll
  • Costs Reservation
  • Suspension Of Proceedings On Death
  • Substitution Of Executor
  • Civil-procedure
  • Costs
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Commercial And Corporate [2024] ZAGPJHC 78

Cisa Specialita Alimentari S.R.L. v Africa's Best Foods (Pty) Ltd (26828/2021)

Cisa Specialita Alimentari S.R.L. v Africa's Best Foods (Pty) Ltd (26828/2021) [2024] ZAGPJHC 78 (29 January 2024)

The High Court postponed a commercial matter sine die, reserving costs while related proceedings in Italy were pending and consolidation was contemplated.

  • Postponement Application
  • Consolidation Of Actions
  • Service Of Process
  • Costs Reservation
  • Postponement-application
  • Consolidation-of-actions
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Civil Procedure [2023] ZAGPJHC 982

Gxumisa v Moloto (A2023-022151)

Gxumisa v Moloto (A2023-022151) [2023] ZAGPJHC 982 (30 August 2023)

The High Court removed an unripe appeal from the roll because the record had not been transcribed and procedural requirements had not been met.

  • Appeal Procedure
  • Transcription Of Record
  • Postponement
  • Costs Reservation
  • Appeal-procedure
  • Transcription-of-record
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Civil Procedure [2023] ZAGPJHC 400

Nawa v International Pentacostal Holiness Church (2021/14237)

Nawa v International Pentacostal Holiness Church (2021/14237) [2023] ZAGPJHC 400 (3 May 2023)

Leave to appeal was dismissed as moot after the applicant’s death. The court reserved costs and reiterated that spoliation proceedings do not determine ownership.

  • Spoliation Application
  • Leave To Appeal
  • Costs Reservation
  • Mootness
  • Leave-to-appeal
  • Spoliation
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Civil Procedure [2023] ZAGPJHC 257

Tshabalala v Road Accident Fund (12133/2018)

Tshabalala v Road Accident Fund (12133/2018) [2023] ZAGPJHC 257 (23 March 2023)

The High Court found the RAF trial was not ready because of a late amendment and outdated expert evidence, but still ordered a section 17(4)(a) undertaking.

  • Road Accident Fund Act
  • Amendment Of Pleadings
  • Default Judgment
  • General Damages
  • Expert Evidence
  • Costs Reservation
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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.