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South Africa Case Law

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Civil Procedure [2020] ZAGPJHC 244

Turkcell Iletisim Hizetleri AS and Another v MTN Group Limited and Others (2013/44462)

Turkcell Iletisim Hizetleri AS and Another v MTN Group Limited and Others (2013/44462) [2020] ZAGPJHC 244 (6 October 2020)

Court
South Gauteng High Court, Johannesburg
Case number
2013/44462
Judge
Wepener

The court dismissed the plaintiffs' application to amend the particulars of claim, finding that the proposed amendment introduced unacceptable vagueness and embarrassment, particularly regarding locus standi, and failed to plead foreign law with sufficient particularity. The application for further and better discovery was also dismissed, as the defendants had demonstrated that all relevant documents had been discovered and the remaining documents were privileged, protected by joint or common interest privilege, and privilege had not been waived by publication of the Hoffman report. The court…

Source excerpt

  • Amendment Of Pleadings
  • Discovery And Privilege
  • Foreign Law Pleading
  • State Immunity
  • Joint And Common Interest Privilege
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Civil Procedure [2009] ZAGPJHC 8

Replication Technology Group and Others v Gallo Africa Limited In re: Gallo Africa Limited v Replication Technology Group and Others (08/36580)

Replication Technology Group and Others v Gallo Africa Limited In re: Gallo Africa Limited v Replication Technology Group and Others (08/36580) [2009] ZAGPJHC 8; 2009 (5) SA 531 (GSJ) (15 April 2009)

Court
South Gauteng High Court, Johannesburg
Case number
08/36580
Judge
Malan

The court held that, even if South African law recognises an implied undertaking of confidentiality over documents disclosed in arbitration, exceptions exist where disclosure is reasonably necessary to protect legitimate interests or where the interests of justice require it. In contempt proceedings, the use of such documents is not collateral but integral to the enforcement of court orders. The documents obtained in arbitration discovery may therefore be used in the contempt application without requiring leave of court. The applicants' request to strike out the documents and information was…

Source excerpt

  • Confidentiality In Arbitration
  • Discovery And Privilege
  • Contempt Of Court
  • Implied Terms
  • Restraint Of Trade
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.