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South Africa decisions
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Ncamiso N.O (16488/2024), Ex parte [2024] ZAWCHC 304 (10 October 2024)
The High Court held that an executor’s application for a search warrant under section 26 of the Administration of Estates Act had to be brought in the magistrate’s court.
Majake v Road Accident Fund (4722/2019) [2023] ZAFSHC 457 (20 November 2023)
The court held that the plaintiff's claim against the Road Accident Fund was governed by section 23 of the RAF Act, which requires that summons be issued and served within five years from the date the cause of action arose. Although the plaintiff lodged his claim timeously and issued summons in the regional court within the prescribed period, the subsequent summons in the high court was issued after the five-year period had expired. The court found that the RAF Act does not provide for interruption of prescription by proceedings in the wrong forum, distinguishing the present matter from cases…
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Nkonde v Road Accident Fund (50571/ 2016) [2019] ZAGPPHC 315 (19 July 2019)
The court found that both the plaintiff's and defendant's attorneys failed in their duty to ensure the matter was prosecuted in the correct forum and to curtail unnecessary costs. The quantum of the claim fell within the Magistrate's Court jurisdiction, and both sets of attorneys neglected opportunities to transfer the matter accordingly. The court exercised its discretion to sanction both attorneys: the plaintiff's attorney may only recover costs on the Magistrate's Court scale and is precluded from recovering legal costs from the capital of the plaintiff's claim; the defendant's attorneys'…
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Jordaan v Marquee Tent and Tarpaulin (8526/12) [2017] ZAKZDHC 34 (6 June 2017)
The High Court transferred a matter to the appropriate lower court, holding it had been wrongly issued in the High Court. The applicant was ordered to pay wasted costs.
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