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South Africa Case Law

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Civil Procedure [2020] ZANCHC 59

Hoeskool Martin Oosthuzen v April (CA&R 67/2019)

Hoeskool Martin Oosthuzen v April (CA&R 67/2019) [2020] ZANCHC 59 (3 July 2020)

The High Court upheld an appeal against refusal of default judgment and granted judgment for outstanding school fees, interest, and costs.

  • Default Judgment
  • School Fees Liability
  • Magistrates Court Rules
  • Exemption From School Fees
  • Default-judgment
  • School-fees
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Civil Procedure [2020] ZANCHC 42

Hoerskool Martin Oosthuizen v April (CA & R 67/2019)

Hoerskool Martin Oosthuizen v April (CA & R 67/2019) [2020] ZANCHC 42 (15 June 2020)

The High Court upheld an appeal against refusal of default judgment for unpaid school fees and granted judgment for the outstanding balance, interest, and costs.

  • Default Judgment
  • School Fees Liability
  • Magistrates Court Rules
  • Exemption From School Fees
  • Default-judgment
  • School-fees
Read case analysis
Civil Procedure [2016] ZAECGHC 127

Tee v Collegiate High School for Girls (CA100/2016)

Tee v Collegiate High School for Girls (CA100/2016) [2016] ZAECGHC 127 (11 November 2016)

The court held that section 40 of the Schools Act does not create joint and several liability for school fees between parents; rather, liability is joint unless otherwise expressly stated. Therefore, both the appellant and her former husband should have been joined as co-defendants. The appellant's defence of lis alibi pendens was valid, as another action for the same debt was pending. The appellant provided sufficient material facts and documentary evidence to establish a bona fide defence regarding exemption from school fees. The Magistrate's Court erred in granting summary judgment without…

  • Summary Judgment
  • Non Joinder
  • Lis Alibi Pendens
  • School Fees Liability
  • Exemption From School Fees
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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.