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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1216

Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Others (51107/2021)

Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Others (51107/2021) [2024] ZAGPJHC 1216 (20 November 2024)

Court
South Gauteng High Court, Johannesburg
Case number
51107/2021
Judge
ML Senyatsi

The High Court dismissed the respondents’ action because they failed to provide an irrevocable R2 million bank guarantee for security for costs within the ordered time.

  • Security For Costs
  • Bank Guarantee
  • Rule 47 Application
  • Irrevocable Guarantee
  • Dismissal Of Action
  • Security-for-costs
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Civil Procedure [2024] ZAGPPHC 555

Ngobeni and Another v Magolego and Sons Construction (Pty) Ltd (29339/2020)

Ngobeni and Another v Magolego and Sons Construction (Pty) Ltd (29339/2020) [2024] ZAGPPHC 555 (18 June 2024)

Court
North Gauteng High Court, Pretoria
Case number
29339/2020
Judge
P J M Mogotsi

The court dismissed an application to dismiss the main action for failure to furnish security for costs, finding the applicants had not complied with their own obligations.

  • Security For Costs
  • Rule 47 Application
  • Dismissal Of Action
  • Costs Orders
  • Security-for-costs
  • Rule-47
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Civil Procedure [2023] ZAMPMBHC 72

Miambo v Commissioner for South African Revenue Service (A27/2022)

Miambo v Commissioner for South African Revenue Service (A27/2022) [2023] ZAMPMBHC 72 (29 November 2023)

Court
Mbombela High Court, Mpumalanga
Case number
A27/2022
Judges
Ratshibvumo, Greyling-Coetzer, Roelofse

Appeal against dismissal for failure to furnish security for costs succeeded, with the court ordering proper security and staying the action.

  • Security For Costs
  • Rule 47
  • Dismissal Of Action
  • Alternatives To Dismissal
  • Security-for-costs
  • Rule-47
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Civil Procedure [2023] ZAGPJHC 1094

Braude NO and Another v Blackwood-Murray (42542/2018)

Braude NO and Another v Blackwood-Murray (42542/2018) [2023] ZAGPJHC 1094 (2 October 2023)

Court
South Gauteng High Court, Johannesburg
Case number
42542/2018
Judge
G Malindi

The court dismissed the plaintiff’s action for failing to furnish ordered security for costs and refused a belated mediation request under Uniform Rule 41A.

  • Security For Costs
  • Dismissal Of Action
  • Rule 47 4
  • Rule 41a Mediation
  • Security-for-costs
  • Dismissal-of-action
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Civil Procedure [2022] ZAGPPHC 392

De Venter v Minister of Police (87269/15)

De Venter v Minister of Police (87269/15) [2022] ZAGPPHC 392 (31 May 2022)

Court
North Gauteng High Court, Pretoria
Case number
87269/15
Judge
M J Teffo

The High Court dismissed an application for leave to appeal, finding the issues had already been fully addressed and that the applicant had no prospects of success.

  • Leave To Appeal
  • Costs Order
  • Dismissal Of Action
  • Leave-to-appeal
  • Costs-order
  • Civil-procedure
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Civil Procedure [2022] ZAWCHC 107

Coetzee v T Voetpad CC and Others (521/2012)

Coetzee v T Voetpad CC and Others (521/2012) [2022] ZAWCHC 107 (27 May 2022)

Court
Western Cape High Court, Cape Town
Case number
521/2012
Judge
Wathen-Falken

The court declined to dismiss a delict claim for delay, instead directing the respondents to move the matter to pre-trial within 30 days.

  • Abuse Of Process
  • Delay In Prosecution
  • Locus Standi
  • Dismissal Of Action
  • Constitutional Right Of Access
  • Prejudice Due To Delay
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Civil Procedure [2015] ZAGPJHC 5

Mobile Telephone Networks (Pty) Ltd v Appleseed Entertainment; InRe: Appleseed Entertainment v Mobile telephone Networks (Pty) Ltd (23648/11)

Mobile Telephone Networks (Pty) Ltd v Appleseed Entertainment; InRe: Appleseed Entertainment v Mobile telephone Networks (Pty) Ltd (23648/11) [2015] ZAGPJHC 5 (29 January 2015)

Court
South Gauteng High Court, Johannesburg
Case number
23648/11
Judge
D S S Moshidi

The High Court dismissed a plaintiff’s action after it failed for months to furnish security for costs ordered under Uniform Rule 47.

  • Security For Costs
  • Uniform Rule 47
  • Dismissal Of Action
  • Costs Orders
  • Security-for-costs
  • Uniform-rule-47
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Civil Procedure [2014] ZAECPEHC 9

Bouwer Collins Insurance Brokers (Pty) Ltd v Hopgood and Another (2012/12)

Bouwer Collins Insurance Brokers (Pty) Ltd v Hopgood and Another (2012/12) [2014] ZAECPEHC 9 (18 February 2014)

Court
Eastern Cape High Court, Port Elizabeth
Case number
2012/12
Judge
E Revelas

High Court dismissed an application to extend time to amend particulars of claim and dismissed the plaintiffs’ action for persistent procedural non-compliance.

  • Condonation
  • Extension Of Time
  • Irregular Steps
  • Dismissal Of Action
  • Rule 27 Application
  • Civil-procedure
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Civil Procedure [2008] ZAWCHC 33

Neven v University of Cape Town (10977/05)

Neven v University of Cape Town (10977/05) [2008] ZAWCHC 33 (5 June 2008)

Court
Western Cape High Court, Cape Town
Case number
10977/05
Judge
Ndita

The court refused to dismiss a plaintiff’s claim for non-payment of ordered security for costs, instead granting absolution from the instance and awarding costs against him.

  • Security For Costs
  • Absolution From Instance
  • Dismissal Of Action
  • Finality Of Litigation
  • Security-for-costs
  • Absolution-from-instance
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Civil Procedure [2005] ZANWHC 14

Maponya v Machoare (CA 20/04)

Maponya v Machoare (CA 20/04) [2005] ZANWHC 14 (10 February 2005)

Court
North West High Court, Mafikeng
Case number
CA 20/04
Judges
L T Sibeko, R D Hendricks

Civil appeal dismissed where the court held that defects in a notice of intention to defend were cured by later conduct and the plaintiff failed to respond to a Rule 15(1) notice.

  • Notice Of Intention To Defend
  • Magistrates Court Rules
  • Default Judgment
  • Oral Contract
  • Dismissal Of Action
  • Civil-procedure
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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.