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South Africa Case Law

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Civil Procedure [2022] ZAGPJHC 474

Shivanand and Another v Krugkor Franchise (PTY) Ltd and Others (13634/2019)

Shivanand and Another v Krugkor Franchise (PTY) Ltd and Others (13634/2019) [2022] ZAGPJHC 474 (15 July 2022)

The High Court dismissed an application to set aside Shivcom CC’s winding-up, finding the fraud allegations vague and unsupported, with costs awarded.

  • Setting Aside Liquidation
  • Fraud On Court
  • Company Liquidation
  • Creditor Rights
  • Company-liquidation
  • Setting-aside-liquidation
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Civil Procedure [2014] ZAGPPHC 267

Blue Cell (Pty) v Blue Financial Services Limited and Others (3489/07 , 8456/07)

Blue Cell (Pty) v Blue Financial Services Limited and Others (3489/07 , 8456/07) [2014] ZAGPPHC 267 (16 May 2014)

The High Court dismissed leave to appeal and corrected a costs order, holding it could supplement its own order where justice required, including reserved costs and two-counsel fees.

  • Costs Orders
  • Functus Officio
  • Variation Of Judgment
  • Inherent Jurisdiction
  • Fraud On Court
  • Costs-orders
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Civil Procedure [2009] ZAGPPHC 85

Deli Chicken (Pty) Ltd v Van Den Heever NNO (20738/06)

Deli Chicken (Pty) Ltd v Van Den Heever NNO (20738/06) [2009] ZAGPPHC 85 (1 June 2009)

The court dismissed an exception to particulars of claim and allowed amendment, holding the pleaded share-pledge and fraud issues were for trial.

  • Exception Procedure
  • Amendment Of Pleadings
  • Pledge Of Shares
  • Company Liquidation
  • Res Judicata
  • Fraud On Court
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Family And Children [2002] ZAFSHC 6

Buys v Cooper and Others (847/2002)

Buys v Cooper and Others (847/2002) [2002] ZAFSHC 6 (12 July 2002)

The court confirmed an interim interdict suspending maintenance payments after finding a prima facie case that the maintenance order was procured by fraud.

  • Maintenance Order
  • Fraud On Court
  • Rescission Of Judgment
  • Interim Interdict
  • Duty Of Support
  • Fraud-on-court
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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.