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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 643

Abedair Aviation Limited and Another v National Airways Corporation Pty Ltd (2022/027413)

Abedair Aviation Limited and Another v National Airways Corporation Pty Ltd (2022/027413) [2025] ZAGPJHC 643 (26 June 2025)

The court dismissed an application to declare or rescind a default judgment, finding jurisdiction was established and the suretyship was validly signed.

  • Jurisdiction Of High Court
  • Default Judgment
  • Suretyship Requirements
  • Rectification Of Contract
  • Forum Selection Clause
  • Jurisdiction-of-high-court
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Civil Procedure [2023] ZAGPJHC 156

Isibonelo Property Services (Pty) Ltd v Uchemek World Cargo Link Freight CC and Others (55408/2021)

Isibonelo Property Services (Pty) Ltd v Uchemek World Cargo Link Freight CC and Others (55408/2021) [2023] ZAGPJHC 156 (17 February 2023)

The High Court dismissed an exception challenging jurisdiction and a lease clause consenting to Magistrates’ Court jurisdiction, awarding costs to the plaintiff.

  • Jurisdiction Of High Court
  • Concurrent Jurisdiction
  • Exception Procedure
  • Forum Selection Clause
  • Jurisdiction
  • High-court-jurisdiction
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Civil Procedure [2020] ZAWCHC 44

Standard Bank of SA Ltd v Kekana; Standard Bank of SA Ltd v Mbedu; Standard Bank of SA Ltd v Mayaphi; Standard Bank of SA Ltd v Mbha; Standard Bank of SA Ltd v Van Zyl; Standard Bank of SA Ltd v Rodgers (19167/19; 16945/19; 16365/19; 17242/19; 14294/19; 21309/18)

Standard Bank of SA Ltd v Kekana; Standard Bank of SA Ltd v Mbedu; Standard Bank of SA Ltd v Mayaphi; Standard Bank of SA Ltd v Mbha; Standard Bank of SA Ltd v Van Zyl; Standard Bank of SA Ltd v Rodgers (19167/19; 16945/19; 16365/19; 17242/19; 14294/19; 21309/18) [2020] ZAWCHC 44 (25 May 2020)

The court held that the forum selection clauses in the credit agreements were valid and enforceable. These clauses required that proceedings be instituted in the Magistrates' Court having jurisdiction where the defendant resides or works, provided the amount fell within the Magistrates' Court's jurisdiction. The High Court's jurisdiction was not ousted but delayed, and the parties' agreement did not contravene public policy or statutory provisions. The National Credit Act and Magistrates' Courts Act support the Magistrates' Court as the court of first instance for credit agreement disputes. T…

  • Forum Selection Clause
  • Magistrates Court Jurisdiction
  • National Credit Act
  • Concurrent Jurisdiction
  • Access To Justice
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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.