Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Ngapo v Huma N.O and Another (014208/23) [2025] ZAGPPHC 384 (9 April 2025)
The High Court dismissed claims for trust maintenance and fee payments, but ordered the trustees to provide the applicant with trust financial records from 2020 onward.
Ntloko v Bobotyana (EL18/2019) [2019] ZAECELLC 22 (23 August 2019)
The respondent's interlocutory applications regarding authority and non-joinder were dismissed as lacking merit; neither the curator nor the NDPP had a direct and substantial interest in the relief sought. The respondent failed to comply with his statutory and ethical duty to account to the applicant for the settlement amount received from the Road Accident Fund, did not provide an itemized bill of costs, and did not substantiate any alleged loans. The purported contingency fee agreement was not compliant with the Contingency Fee Act, which prohibits charging a flat 25% of the capital award w…
Source excerpt
Wainstein v Fane (16781/2015) [2018] ZAGPPHC 828 (24 August 2018)
The High Court dismissed an application to set aside a writ of execution, holding that the applicant breached a settlement agreement by failing to account monthly.
Da Cruz v Manzella and Others (29232/2016) [2017] ZAGPJHC 385 (12 November 2017)
The court dismissed an urgent application for interim management and records access in a close corporation because the applicant was not a registered member.
Mapcivil and Landscaping and Others v Giyani Engineering and Consulting (CC) and Others (6915/2016) [2016] ZAGPPHC 1135 (14 September 2016)
The court found that there was sufficient documentary evidence, including a signed Memorandum of Understanding, to suggest the existence of an agreement between the parties. However, the respondents raised substantial disputes regarding the validity and application of the MoU, including allegations of duress and non-compliance with tender requirements. The court determined that these disputes could not be resolved solely on the papers and that viva voce evidence was necessary to interpret the agreement and ascertain the parties' intentions. The application was therefore referred to oral evide…
Source excerpt
Nel v Maverick Trading 487 CC t/a Little Big Book Store and Others; In re: Maverick Trading 487 CC t/a Little Big Book Store and Others v Nel (19217/2012, 19219/2012) [2016] ZAWCHC 22 (1 March 2016)
The court found that although the corporations may be unable to pay costs if unsuccessful, the claims against Mr Nel are made in good faith and present triable issues. The application for security for costs was brought late, after significant costs had already been incurred, which weighs against granting the order. The points in limine raised by Mr Nel could be disposed of separately and inexpensively, and denying the plaintiffs access to court by requiring security would be unjust. As for Ms Killian, her participation does not materially increase potential costs, and there is no evidence of…
Source excerpt
Bruintjies v Williams (3783/2015) [2015] ZAECGHC 121 (23 October 2015)
The court found that the respondent, even on his own version, had not paid the applicant the full amount owed and had failed to account properly for the funds received from the Road Accident Fund settlement. The respondent's attempts to delay proceedings through multiple postponement applications and transfer requests were found to be without merit and constituted delaying tactics. The prescription point raised by the respondent was rejected as baseless, given that the funds were held in trust and no proper accounting had occurred. The respondent's conduct was deemed outrageous and opportunis…
Source excerpt
Tebfin (Pty) Ltd v Kusakusa Catering & Projects CC CC and Another, Tebfin (Pty) Ltd v Kusakusa Catering & Projects CC CC and Another (1695/14, 1696/14) [2015] ZAKZPHC 18 (26 March 2015)
The High Court upheld exceptions, finding no pleaded basis for an account against the provincial department and striking out those claims, with leave to amend.
Mogane v Rosen N.O and Another (27303/14) [2015] ZAGPJHC 38 (4 February 2015)
The court held that a sectional title owner could obtain copies of a municipality settlement agreement and service contracts from administrators under PAIA and the duty to account.
Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (CCT11/13) [2013] ZACC 30; 2013 (11) BCLR 1217 (CC) (5 September 2013)
The Constitutional Court held that section 195 of the Constitution does not create an independent right to demand an account from the Municipality. The applicants' claim for a constitutional duty to account is not supported by the Constitution or legislation. Remedies for alleged overpayments are available through ordinary civil proceedings and statutory mechanisms for access to information. The applicants have already instituted a separate action for repayment, and all necessary information is available or obtainable through existing procedures. There is no reasonable prospect of success on…
Source excerpt
Explore more
