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South Africa decisions
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S v Thabethe and Others (15/2023) [2024] ZAFSHC 317 (7 August 2024)
The High Court struck the criminal matter from the roll after finding the State’s failure to provide accessible electronic discovery caused unreasonable delay and incurable prejudice.
Standard Bank of South Africa Ltd v Koen (25872/2018) [2024] ZAGPPHC 698 (17 July 2024)
The court found that the defendant failed to discharge the onus of proving that the credit was recklessly granted. The plaintiff's witness, although not employed at the time of the original transaction, was entitled to rely on the bank's electronic records and system notes, which reflected that an affordability assessment was conducted based on information received from the bond originator. The defendant did not call any witnesses, such as his father or the estate agent, to support his claim that his expenses were not provided or assessed. The court accepted the plaintiff's evidence that the…
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Velocity Finance (RF) Limited v Desert Fox Investments (Pty) Ltd t/a Desert Fox Investments (1206/2022; 1511/2022) [2023] ZAECMKHC 65 (23 May 2023)
The High Court refused summary judgment after finding defects in pleading the cession and transfer of rights, leaving a triable issue over locus standi.
Absa Bank Limited v Motsepe (25761/2021) [2022] ZAGPPHC 900 (22 November 2022)
The High Court dismissed Absa’s summary judgment application over a home-loan debt, finding procedural and evidentiary defects and uncertainty about the amount claimed.
Chrome Traders (Pty) Ltd v Commissioner Verhoef N.O. and Others (JR541/18) [2022] ZALCJHB 118 (12 May 2022)
The Labour Court set aside a CCMA award after finding the commissioner unfairly prevented the employer from leading and authenticating central video evidence.
Preller Plein Apteek v B.H (A50/2019) [2020] ZAFSHC 71 (26 March 2020)
The High Court dismissed an appeal in a medical-negligence damages claim, finding the injection was wrongly administered and causally linked to the respondent’s injuries.
Makate v Vodacom (Pty) Ltd (2011/07680) [2011] ZAGPJHC 241; 2014 (1) SA 191 (GSJ) (18 November 2011)
High Court discovery ruling in the Please Call Me litigation, holding that electronic records and some quantum-related documents were discoverable.
John and Others v Hi-tech Inks (Pty) Limited and Another (09/22543) [2010] ZAGPJHC 107 (10 November 2010)
High Court judgment on condonation and an Anton Piller report: the court upheld the search methodology, allowed disclosure steps, and granted extra time.
Goldberg and Another v Boshoff NO and Another (09/53076) [2010] ZAGPJHC 164 (30 July 2010)
The High Court held that a magistrate lacked authority to order foreign witnesses in the UK to testify by teleconference in a South African criminal trial.
Egdes v NWK Ltd (33727/02) [2007] ZAGPHC 103 (15 June 2007)
The High Court found that an oral telephonic contract for white maize was concluded, and awarded the plaintiff damages based on next-day SAFEX prices.
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