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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 258

Lomdard v McDonald's Wingtip

Lomdard v McDonald's Wingtip [2023] ZAGPPHC 258; 38117/2020 (17 April 2023)

The High Court dismissed Mandi Lomdard’s application for leave to appeal, finding no reasonable prospects of success and no compelling reason to send the matter to the SCA.

  • Leave To Appeal
  • Disclaimer Clause
  • Consumer Protection Act
  • Public Policy
  • Judicial Discretion
  • Leave-to-appeal
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Commercial And Corporate [2013] ZAGPPHC 79

Outsurance Insurance Company Ltd v Mkhize (68444/09)

Outsurance Insurance Company Ltd v Mkhize (68444/09) [2013] ZAGPPHC 79 (11 March 2013)

The High Court held that the insurer failed to prove the defendant was intoxicated when the accident occurred, so the claim was dismissed with costs.

  • Insurance Policy Exclusion
  • Burden Of Proof
  • Disclaimer Clause
  • Non Disclosure
  • Indemnity
  • Contractual Breach
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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.