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South Africa Case Law

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Land And Property [2024] ZAECQBHC 13

Azam and Friends (Pty) Ltd v Boardwalk Mall Consortium (423/2024)

Azam and Friends (Pty) Ltd v Boardwalk Mall Consortium (423/2024) [2024] ZAECQBHC 13 (15 February 2024)

The High Court found the urgent application justified, granted a rule nisi, and ordered interim relief while the lease dispute and possible eviction are litigated.

  • Lease Cancellation
  • Urgent Interdict
  • Repudiation Of Contract
  • Public Policy Clauses
  • Debate Of Account
  • Urgent-interdict
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Civil Procedure [2023] ZAST 15

Special Investigating Unit and Another v Zulu and Others (GP/04/2022)

Special Investigating Unit and Another v Zulu and Others (GP/04/2022) [2023] ZAST 15 (13 November 2023)

The Tribunal found that the plaintiffs had pleaded sufficient facts to enable the defendants to respond, including Zulu's duties, the schedule of payments, and the nature of the alleged secret profits. The Tribunal held that it was not necessary for the plaintiffs to plead the specific role Zulu played in the awarding of contracts, as such matters are for evidence at trial. The claims against Commodity Logistics and Siba, while not elegantly worded, were found to be sufficiently linked to the alleged corrupt relationship and payments. The Tribunal concluded that the exceptions would not dispo…

  • Exception Procedure
  • Pleading Requirements
  • Joint And Several Liability
  • Breach Of Fiduciary Duty
  • Secret Profits
  • Debate Of Account
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Commercial And Corporate [2023] ZAGPJHC 741

Transaction Capital Business Solutions (Pty) Ltd v CSS Crushers Support Services (Pty) Ltd and Others (34954/2021)

Transaction Capital Business Solutions (Pty) Ltd v CSS Crushers Support Services (Pty) Ltd and Others (34954/2021) [2023] ZAGPJHC 741 (28 June 2023)

High Court matter over a revolving credit facility, suretyship, and set-off was referred to trial because material factual disputes required oral evidence.

  • Revolving Credit Facility
  • Suretyship
  • Set Off
  • Debate Of Account
  • Motion Proceedings
  • Repudiation
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Commercial And Corporate [2023] ZAGPJHC 724

Mdletshe and Another v Youtube Channel and Another (2022/035571)

Mdletshe and Another v Youtube Channel and Another (2022/035571) [2023] ZAGPJHC 724 (23 June 2023)

The High Court granted an interim interdict protecting the applicants’ YouTube channel and streaming rights pending the final determination of Part B.

  • Interim Interdict
  • Contract Termination
  • Delictual Interference
  • Digital Streaming Rights
  • Copyright Dispute
  • Debate Of Account
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Civil Procedure [2022] ZAGPPHC 348

Delicate Debt Collectors (Pty) Ltd v Director-General of the Department of Labour and Others (65869/2020)

Delicate Debt Collectors (Pty) Ltd v Director-General of the Department of Labour and Others (65869/2020) [2022] ZAGPPHC 348 (25 May 2022)

The High Court ordered the respondents to pay outstanding medical practitioners’ fees, interest and attorney-and-client costs after finding non-compliance with prior orders.

  • Debate Of Account
  • Compensation For Occupational Injuries
  • Interest On Late Payment
  • Enforcement Of Court Orders
  • Compensation-for-occupational-injuries
  • Late-payment-interest
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Civil Procedure [2022] ZAGPPHC 52

Serebro v Visser (16238/09)

Serebro v Visser (16238/09) [2022] ZAGPPHC 52 (28 January 2022)

The High Court rescinded a default judgment because it differed from the motion relief sought and was granted in the applicant’s absence. No costs order was made.

  • Rescission Of Judgment
  • Default Judgment
  • Oral Agreement
  • Debate Of Account
  • Rescission-of-judgment
  • Default-judgment
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Administrative Law [2021] ZAGPPHC 521

Lombardy Development (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Another (794621/18)

Lombardy Development (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Another (794621/18) [2021] ZAGPPHC 521 (5 August 2021)

The High Court held that the applicants failed to make out a case for debatement of municipal accounts in their founding papers and dismissed the relief with costs.

  • Municipal Property Rates Act
  • Municipal Systems Act
  • Debate Of Account
  • Valuation Rolls
  • Judicial Review
  • Costs Orders
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Civil Procedure [2020] ZAGPPHC 625

Peulen v Lessing and Others (90199/2015)

Peulen v Lessing and Others (90199/2015) [2020] ZAGPPHC 625 (19 October 2020)

The High Court granted leave to amend particulars of claim in an attorney-account dispute, holding the changes did not introduce a new cause of action.

  • Amendment Of Pleadings
  • Attorney Client Accounting
  • Prescription
  • Debate Of Account
  • Mandate Termination
  • Amendment-of-pleadings
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Land And Property [2019] ZAGPJHC 284

Tortella Investments 144 (Pty) Limited v City of Johannesburg (49492/2017)

Tortella Investments 144 (Pty) Limited v City of Johannesburg (49492/2017) [2019] ZAGPJHC 284 (8 August 2019)

High Court matter on municipal billing, prescription, and account records. The court allowed amendment of the motion papers and granted relief against the city.

  • Municipal Billing
  • Prescription Of Debt
  • Debate Of Account
  • Credit Control And Debt Collection
  • Municipal By Laws
  • Municipal-billing
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Commercial And Corporate [2019] ZAGPPHC 155

Concorde travel (Pty) Ltd and Another v Travel Today (Pty) Ltd (A647/16, 11780/ 2011)

Concorde travel (Pty) Ltd and Another v Travel Today (Pty) Ltd (A647/16, 11780/ 2011) [2019] ZAGPPHC 155 (23 May 2019)

The High Court dismissed an appeal and held that a franchise relationship could entail a fiduciary duty to account, supporting an order for a statement of account.

  • Franchise Agreement
  • Fiduciary Duty
  • Statement Of Account
  • Debate Of Account
  • Appealability Of Orders
  • Franchise-agreement
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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.