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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 1128

Mashele v Gildenhuys Malatji Attorneys and Others (2024-118227)

Mashele v Gildenhuys Malatji Attorneys and Others (2024-118227) [2024] ZAGPPHC 1128 (13 November 2024)

Urgent motion struck off the roll for failure to justify urgency under Rule 6(12); applicant’s attorneys were ordered to pay certain costs de bonis propriis.

  • Urgency In Motion Proceedings
  • De Bonis Propriis Costs
  • Road Accident Fund Claims
  • Misconduct Of Attorneys
  • Urgent-applications
  • Motion-proceedings
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Civil Procedure [2023] ZAGPJHC 1011

Manamela v Maite (2023/055949)

Manamela v Maite (2023/055949) [2023] ZAGPJHC 1011 (6 September 2023)

The court found that the applicant's second urgent contempt application was improperly brought, as the matter had previously been struck from the urgent roll for lack of urgency and remained pending. The applicant failed to establish factual grounds for urgency, relying instead on the inherent nature of contempt proceedings, which is insufficient. The application was further tainted by procedural irregularities, including lack of proper service and disregard for prior judicial warnings. The conduct of the applicant's attorney, Mr Seloane, amounted to an abuse of process and a flagrant disrega…

  • Contempt Of Court
  • Abuse Of Process
  • Urgent Application Requirements
  • De Bonis Propriis Costs
  • Service Of Process
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Civil Procedure [2023] ZAGPJHC 403

Mmope v Madibeng Local Municipality and Others (2022/15337)

Mmope v Madibeng Local Municipality and Others (2022/15337) [2023] ZAGPJHC 403 (2 May 2023)

The court ordered the respondents to pay wasted costs for 17 and 18 May 2022 after unfounded recusal and irregular enrolment allegations caused delay.

  • Wasted Costs
  • Recusal Application
  • Irregular Enrolment
  • De Bonis Propriis Costs
  • Wasted-costs
  • Judicial-recusal
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Commercial And Corporate [2022] ZAGPPHC 115

Marcus M Farming CC v Eagles Valley Poultry (Pty) Ltd (28604/21)

Marcus M Farming CC v Eagles Valley Poultry (Pty) Ltd (28604/21) [2022] ZAGPPHC 115 (17 February 2022)

The court dismissed a winding-up application because the debt was disputed on reasonable, bona fide grounds and the respondent was shown to be solvent.

  • Winding Up
  • Commercial Insolvency
  • Disputed Debt
  • Punitive Costs
  • De Bonis Propriis Costs
  • Winding-up
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Civil Procedure [2021] ZAGPPHC 503

Malao v K Malao Inc and Others (60617/2020)

Malao v K Malao Inc and Others (60617/2020) [2021] ZAGPPHC 503 (12 August 2021)

Second leave-to-appeal application challenging a de bonis propriis costs order and seeking condonation was dismissed as res judicata and out of time.

  • De Bonis Propriis Costs
  • Condonation
  • Leave To Appeal
  • Costs Discretion
  • Res Judicata
  • De-bonis-propriis-costs
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Family And Children [2019] ZAGPPHC 1058

B v B (1794/2015)

B v B (1794/2015) [2019] ZAGPPHC 1058 (18 September 2019)

Leave to appeal was refused in a maintenance and costs dispute arising from alleged remarriage, a settlement agreement error, and contempt findings.

  • Maintenance Obligations
  • Validity Of Marriage
  • De Bonis Propriis Costs
  • Leave To Appeal
  • Settlement Agreement Error
  • Leave-to-appeal
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Labour Law [2017] ZALCJHB 373

SAMWU obo Ndaba v Ekurhuleni Metropolitan Municipality and Others (JR14/15)

SAMWU obo Ndaba v Ekurhuleni Metropolitan Municipality and Others (JR14/15) [2017] ZALCJHB 373 (16 August 2017)

Labour Court dismissed a review of a rescission and condonation ruling, finding the arbitrator’s decision reasonable and the municipality not in wilful default.

  • Condonation
  • Rescission Of Arbitration Award
  • Wilful Default
  • Good Cause
  • Disciplinary Procedure
  • De Bonis Propriis Costs
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Civil Procedure [2014] ZAGPJHC 278

Mutch Building Materials CC v Hanekom (2013/45313)

Mutch Building Materials CC v Hanekom (2013/45313) [2014] ZAGPJHC 278 (8 October 2014)

The High Court dismissed a rule 35 discovery application, holding the documents were not referred to in the papers and that the request was an abuse of process.

  • Discovery Of Documents
  • Rule 35 Procedure
  • Punitive Costs
  • De Bonis Propriis Costs
  • Discovery-of-documents
  • Rule-35-procedure
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Civil Procedure [2012] ZAECGHC 24

Kay-Pee Ntila Attorneys and Another v Minister of Safety and Security (4019/2007)

Kay-Pee Ntila Attorneys and Another v Minister of Safety and Security (4019/2007) [2012] ZAECGHC 24 (3 May 2012)

The High Court dismissed an application to rescind a costs order against attorneys who withdrew irregularly and failed to notify their client under Rule 16(4).

  • Rescission Of Costs Order
  • De Bonis Propriis Costs
  • Attorney Withdrawal
  • Rule 16 Compliance
  • Rescission-of-costs-order
  • Attorney-withdrawal
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Civil Procedure [1995] ZASCA 1

Napier v Tsaperas (225/94)

Napier v Tsaperas (225/94) [1995] ZASCA 1; [1995] 2 All SA 262 (A) (23 February 1995)

The appeal was struck from the roll because the record was lodged late and no condonation application was filed. The court ordered attorney-and-client costs against the appellant and his attorney.

  • Condonation Of Late Filing
  • Attorney And Client Costs
  • De Bonis Propriis Costs
  • Striking From The Roll
  • Condonation
  • Late-filing
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