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South Africa Case Law

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Civil Procedure [2025] ZASCA 19

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund (1150/2023)

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund (1150/2023) [2025] ZASCA 19 (14 March 2025)

The SCA held that the RAF could not reopen final judgments by compelling supplier information after judgment, and it failed to justify suspension of execution.

  • Finality Of Court Orders
  • Writ Of Execution
  • Road Accident Fund Act
  • Interim Interdict
  • Rule 45a Suspension
  • Finality-of-court-orders
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Civil Procedure [2020] ZAMPMBHC 25

SIAS Joubert Constructions CC v D L Soko and Another (1778/2019)

SIAS Joubert Constructions CC v D L Soko and Another (1778/2019) [2020] ZAMPMBHC 25 (31 December 2020)

The court found that the adjudicator's determination, once made an order of court and not challenged within the prescribed ten-day period, becomes final and binding upon the parties. The Applicant was entitled to enforce the determination as a contractual obligation in terms of Clause 7.2.2 of the adjudication rules. The Respondent's failure to challenge the determination within the stipulated period and subsequent compliance with the court order precluded any further referral to arbitration. The Second Respondent, therefore, lacked jurisdiction to arbitrate the dispute, and the Applicant was…

  • Enforcement Of Adjudicator Determination
  • Arbitration Jurisdiction
  • Finality Of Court Orders
  • Interpretation Of Contractual Clauses
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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.