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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 104

Manamela v Maite (Leave to Appeal) (2023/055949)

Manamela v Maite (Leave to Appeal) (2023/055949) [2025] ZAGPJHC 104 (31 January 2025)

Leave to appeal was dismissed because the applicant showed no reasonable prospects of success against punitive de bonis propriis costs orders.

  • Leave To Appeal
  • Costs Orders
  • De Bonis Propriis
  • Punitive Costs
  • Discretion Of Court
  • Leave-to-appeal
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Family And Children [2024] ZAGPJHC 1297

L.M.T v A.W.T (Reasons) (17399/2020)

L.M.T v A.W.T (Reasons) (17399/2020) [2024] ZAGPJHC 1297 (18 December 2024)

The High Court postponed a divorce trial sine die, citing the applicant’s grief after her mother’s death, and ordered a further Rule 43 legal-cost contribution.

  • Postponement Of Trial
  • Rule 43 Contribution
  • Maintenance
  • Costs Award
  • Discretion Of Court
  • Postponement-of-trial
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Criminal Law [2024] ZAGPJHC 567

Tsao v DPP Johannesburg (2024/052869)

Tsao v DPP Johannesburg (2024/052869) [2024] ZAGPJHC 567 (20 May 2024)

The High Court dismissed an urgent application to relax bail conditions so the applicant could travel to Taiwan for his father’s funeral, finding the flight-risk concerns outweighed sympathy.

  • Bail Conditions
  • Flight Risk
  • Urgent Application
  • Criminal Trial
  • Discretion Of Court
  • Bail-conditions
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Civil Procedure [2024] ZANCHC 33

Legal Practice Council v Mjila and Another (1635/22)

Legal Practice Council v Mjila and Another (1635/22) [2024] ZANCHC 33 (1 March 2024)

The court ordered the first respondent to pay costs after confirming a rule nisi concerning a deceased attorney’s practice and finding her opposition unreasonable.

  • Curatorship Of Legal Practice
  • Personal Liability Company
  • Fidelity Fund Certificate
  • Costs Award
  • Discretion Of Court
  • Costs-award
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Civil Procedure [2024] ZAKZDHC 8

Stewart N.O and Others v M.M.B (D2296/2021)

Stewart N.O and Others v M.M.B (D2296/2021) [2024] ZAKZDHC 8 (12 February 2024)

Final sequestration was refused because the applicants failed to provide factual proof that sequestration would benefit creditors.

  • Sequestration
  • Advantage To Creditors
  • Insolvency Act Section 12
  • Liquidation
  • Discretion Of Court
  • Advantage-to-creditors
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Civil Procedure [2024] ZAGPPHC 105

Uniqon Wonings (Pty) Limited v Brooklyn and Eastern Areas Citizen Association (A253/2022)

Uniqon Wonings (Pty) Limited v Brooklyn and Eastern Areas Citizen Association (A253/2022) [2024] ZAGPPHC 105 (7 February 2024)

The court found that the appellant's winding-up application was motivated by a desire to oppress and intimidate the respondent and its members, rather than to bring about bona fide liquidation. The evidence demonstrated that the appellant's actions, including repeated warnings and threats, were triggered by the respondent's objection to a rezoning application and were aimed at deterring the respondent from its watchdog activities. The respondent's inability to pay the debt did not justify a winding-up order, as the application was not brought for legitimate debt recovery but as a means of exe…

  • Winding Up Of Voluntary Association
  • Abuse Of Process
  • Creditor Liquidation Rights
  • Badenhorst Rule
  • Discretion Of Court
  • Doctrine Of Unclean Hands
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Civil Procedure [2023] ZAGPJHC 906

University of Mpumalanga v Magma Masemola Attorneys Incorporated and Another (008531/2022)

University of Mpumalanga v Magma Masemola Attorneys Incorporated and Another (008531/2022) [2023] ZAGPJHC 906 (14 August 2023)

The High Court refused leave to appeal against a limited costs order, finding the issue too narrow to justify further appeal costs.

  • Costs Order
  • Leave To Appeal
  • Discretion Of Court
  • Leave-to-appeal
  • Costs-order
  • Civil-procedure
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Civil Procedure [2023] ZAFSHC 124

Grimbreek N.O MJ Shai v Road Accident Fund (506/2017)

Grimbreek N.O MJ Shai v Road Accident Fund (506/2017) [2023] ZAFSHC 124 (20 April 2023)

The High Court held that costs should be paid on the High Court scale after a road accident claim settled for R150,000, given the case’s history and the parties’ agreement not to transfer it.

  • Costs Award
  • Road Accident Claim
  • Jurisdiction
  • Discretion Of Court
  • Costs-award
  • Road-accident-claim
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Civil Procedure [2023] ZAGPPHC 63

Modiba v Toussaint and Another (45637/2021)

Modiba v Toussaint and Another (45637/2021) [2023] ZAGPPHC 63 (1 February 2023)

The court granted condonation for a late answering affidavit and ordered each party to pay their own costs after a document-disclosure dispute.

  • Costs Award
  • Discretion Of Court
  • Condonation Of Late Filing
  • Costs-award
  • Condonation
  • Civil-procedure
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Civil Procedure [2022] ZAGPJHC 48

Intelligent PI (Pty) Ltd and Others v Tukei and Another (48358/2021)

Intelligent PI (Pty) Ltd and Others v Tukei and Another (48358/2021) [2022] ZAGPJHC 48 (10 February 2022)

The High Court refused leave to appeal against a refusal to stay an eviction order, finding no prospects of success and awarding attorney-and-client costs.

  • Stay Of Eviction
  • Leave To Appeal
  • Discretion Of Court
  • Costs On Attorney And Client Scale
  • Leave-to-appeal
  • Stay-of-eviction
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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.