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South Africa Case Law

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Civil Procedure [2017] ZAECPEHC 29

Potgieter v Absa Bank Limited (2344/2013)

Potgieter v Absa Bank Limited (2344/2013) [2017] ZAECPEHC 29 (11 May 2017)

Leave to appeal was dismissed in a mortgage-bond debt case. The court rejected complaints about legal representation, in forma pauperis relief, and the in duplum rule.

  • In Forma Pauperis
  • Mortgage Bond Enforcement
  • In Duplum Rule
  • Credit Agreement
  • Postponement Of Trial
  • Legal Representation
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Civil Procedure [2016] ZAECMHC 51

Minister of Safety and Security and Others v Ndaba (481/1999)

Minister of Safety and Security and Others v Ndaba (481/1999) [2016] ZAECMHC 51 (10 November 2016)

The High Court refused to dismiss a damages action for want of prosecution, finding the delays were tied to the plaintiff’s financial hardship and legal representation difficulties.

  • Dismissal For Want Of Prosecution
  • Access To Court
  • Bill Of Rights Limitation
  • In Forma Pauperis
  • Prejudice Due To Delay
  • Dismissal-for-want-of-prosecution
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Constitutional Law [2010] ZAWCHC 64

Gerber v Uijs Sc (2980/10)

Gerber v Uijs Sc (2980/10) [2010] ZAWCHC 64 (3 March 2010)

The court dismissed an application seeking written reasons for not appointing in forma pauperis counsel, holding the respondent made no such decision.

  • Bill Of Rights Limitation
  • Administrative Action
  • Written Reasons
  • In Forma Pauperis
  • Uniform Rules Of Court
  • In-forma-pauperis
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Civil Procedure [1997] ZASCA 59

Beira v Raphaely Weiner and Others (642/96, 643/96, 130/97, 131/97, 164/97, 165/97)

Beira v Raphaely Weiner and Others (642/96, 643/96, 130/97, 131/97, 164/97, 165/97) [1997] ZASCA 59; 1997 (4) SA 332 (SCA); (30 May 1997)

The Supreme Court of Appeal dismissed multiple petitions arising from a sequestration order, holding that condonation was fatally out of time.

  • Sequestration
  • Condonation Of Late Appeal
  • Locus Standi
  • Acts Of Insolvency
  • Nulla Bona Return
  • In Forma Pauperis
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Civil Procedure [1984] ZASCA 115

Maujean v Marine and Trade Insurance Company Ltd. (107/84)

Maujean v Marine and Trade Insurance Company Ltd. (107/84) [1984] ZASCA 115 (27 September 1984)

The court dismissed an in forma pauperis application and the appeal in a motor-collision damages case, holding that the appellant failed to prove his version.

  • Motor Vehicle Collision
  • Onus Of Proof
  • Credibility Of Witnesses
  • Absolution From The Instance
  • In Forma Pauperis
  • Assessment Of Evidence
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Civil Procedure [1984] ZASCA 15

Uithaler v Uitenhage Passenger Transpost Ltd. (468/81)

Uithaler v Uitenhage Passenger Transpost Ltd. (468/81) [1984] ZASCA 15 (19 March 1984)

The court refused condonation and leave to prosecute an appeal in forma pauperis, finding no prospects of success on negligence grounds.

  • Condonation
  • In Forma Pauperis
  • Negligence
  • Standard Of Care
  • In-forma-pauperis
  • Appellate-procedure
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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.