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South Africa Case Law

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Delict [2019] ZAGPJHC 67

Ivo dos Santos v Coetzee (29990//2013)

Ivo dos Santos v Coetzee (29990//2013) [2019] ZAGPJHC 67 (12 February 2019)

High Court defamation case over an email to shareholders. The court found the plaintiff failed to prove defamation or a dignitary claim and dismissed the action with costs.

  • Defamation
  • Dignity Impairment
  • Fair Comment
  • Innuendo
  • Burden Of Proof
  • Fair-comment
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Family And Children [2010] ZAGPJHC 93

K v P (09/41473)

K v P (09/41473) [2010] ZAGPJHC 93 (15 October 2010)

The court found that the plaintiff had satisfied all requirements for a valid customary marriage except for registration, which was rendered impossible due to the defendant's subsisting civil marriage. The defendant's failure to disclose his marital status constituted a material misrepresentation and wrongful conduct, causing the plaintiff humiliation and impairment of dignity. The marriage was declared void ab initio. The plaintiff's claim for general damages under the actio iniuriarum was upheld, but the amount claimed was reduced to R45,000. The court considered the plaintiff's personal ci…

  • Customary Marriage Nullity
  • Actio Iniuriarum
  • Dignity Impairment
  • Misrepresentation
  • Bigamy
  • Damages Assessment
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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.