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South Africa Case Law

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Civil Procedure [2023] ZAFSHC 397

Coetzee and Another v Master of the Free State High Court Bloemfontein and Others (3148/2021)

Coetzee and Another v Master of the Free State High Court Bloemfontein and Others (3148/2021) [2023] ZAFSHC 397 (11 October 2023)

The court dismissed a condonation application and then dismissed the main review application after repeated failures to comply with a prior procedural order.

  • Condonation
  • Non Compliance With Rules
  • Administration Of Estates
  • Late Filing
  • Dismissal Of Application
  • Rule-30
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Civil Procedure [2023] ZAGPJHC 641

Lumka v BMW Financial Services SA (Pty) Ltd and Another (5301/2021)

Lumka v BMW Financial Services SA (Pty) Ltd and Another (5301/2021) [2023] ZAGPJHC 641 (5 June 2023)

The High Court dismissed a rescission application after the applicant failed to comply with a prior order to file a practice note and list of authorities timeously.

  • Rescission Application
  • Failure To Comply With Court Order
  • Practice Note Filing
  • Dismissal Of Application
  • Rescission-application
  • Civil-procedure
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Civil Procedure [2019] ZAGPPHC 356

Mathilda v Shongwe and Others (40128/2013)

Mathilda v Shongwe and Others (40128/2013) [2019] ZAGPPHC 356 (10 July 2019)

The High Court dismissed an application for leave to appeal, holding that the applicant had not shown reasonable prospects that another court would reach a different result.

  • Leave To Appeal
  • Dismissal Of Application
  • Leave-to-appeal
  • Reasonable-prospects-of-success
  • Civil-procedure
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Commercial And Corporate [2017] ZAGPJHC 387

Amaya Mining (Pty) Ltd v Madimetja Pheladi Projects and Mining CC and Others (34563/2017)

Amaya Mining (Pty) Ltd v Madimetja Pheladi Projects and Mining CC and Others (34563/2017) [2017] ZAGPJHC 387 (23 November 2017)

The court dismissed an application concerning a mining and exploration agreement, finding the matter could not be decided on affidavit and refusing referral to trial.

  • Mining And Exploration Agreement
  • Conditions Precedent
  • Interpretation Of Contracts
  • Referral To Trial
  • Dismissal Of Application
  • Civil-procedure
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Banking And Finance [2017] ZANCT 53

Legodi v Absa Bank Limited and Others (NCT/65442/2016/165(1)(P)NCA)

Legodi v Absa Bank Limited and Others (NCT/65442/2016/165(1)(P)NCA) [2017] ZANCT 53 (4 January 2017)

The Tribunal dismissed an application to vary a debt re-arrangement order after the applicant and respondents failed to appear, noting the matter could be refiled.

  • National Credit Act
  • Debt Rearrangement
  • Variation Of Order
  • Non Appearance
  • Dismissal Of Application
  • National-credit-act
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Civil Procedure [2015] ZANCT 33

Witbooi v Standard Bank of South Africa Ltd (NCT/22543/2015/137(3)(P)NCA)

Witbooi v Standard Bank of South Africa Ltd (NCT/22543/2015/137(3)(P)NCA) [2015] ZANCT 33 (11 December 2015)

The Tribunal dismissed a National Credit Act application after both parties failed to appear, finding they had been properly notified of the hearing.

  • National Credit Act
  • Non Appearance
  • Dismissal Of Application
  • National-credit-act
  • Non-appearance
  • Dismissal-of-application
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Civil Procedure [2013] ZANCT 54

Pettenburger-Perwald and Another v Experato (Pty) Ltd and Others (NCT/10122/2013/148(1)P)

Pettenburger-Perwald and Another v Experato (Pty) Ltd and Others (NCT/10122/2013/148(1)P) [2013] ZANCT 54 (11 December 2013)

The National Consumer Tribunal dismissed an appeal against refusal to confirm a debt rearrangement agreement after the appellants failed to appear and had not met procedural requirements.

  • Debt Rearrangement
  • Appeal Procedure
  • Non Appearance
  • Dismissal Of Application
  • Debt-rearrangement
  • Appeal-procedure
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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.