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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 264

Mc Donald v Minister of Police (A2023-065445)

Mc Donald v Minister of Police (A2023-065445) [2024] ZAGPJHC 264 (11 March 2024)

The High Court upheld an appeal in an unlawful arrest and detention claim, increasing damages to R41,810.26 after adjusting a 1999 precedent for inflation.

  • Unlawful Arrest
  • Quantum Of Damages
  • Constitutional Rights
  • Inflation Adjustment
  • Unlawful-arrest
  • Unlawful-detention
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Civil Procedure [2020] ZAECPEHC 45

CS v TS (645/2020)

CS v TS (645/2020) [2020] ZAECPEHC 45 (12 November 2020)

High Court leave-to-amend case on pleadings, maintenance and damages. Most objections failed, but an unquantified vehicle-maintenance amendment was refused.

  • Amendment Of Pleadings
  • Maintenance Claims
  • Misrepresentation
  • Quantification Of Damages
  • Prescribed Rate Of Interest Act
  • Inflation Adjustment
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Family And Children [2007] ZAFSHC 131

Theodorellis v Theodorellis (A29/2007)

Theodorellis v Theodorellis (A29/2007) [2007] ZAFSHC 131 (22 November 2007)

The High Court dismissed an appeal against a maintenance increase, finding the respondent had disclosed her income and that inflation and medical aid costs justified the order.

  • Spousal Maintenance
  • Variation Of Maintenance Order
  • Inflation Adjustment
  • Medical Aid Costs
  • Spousal-maintenance
  • Variation-of-maintenance-order
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Tax Law [1991] ZASCA 104

Kommissaris van Binnelandse Inkomste v Steyn NO (667/1989)

Kommissaris van Binnelandse Inkomste v Steyn NO (667/1989) [1991] ZASCA 104; 1992 (1) SA 110 (AD); (13 September 1991)

The Supreme Court of Appeal held that the respondent failed to prove that the maintenance obligation should be adjusted for inflation, as there was insufficient evidence regarding Mrs Terblanche's financial position and need for increased maintenance. The right of occupation over the Cleostraat property had lapsed prior to the deceased's death, and thus did not form part of the estate's liability. The estate's obligation for medical costs, however, was accepted at R1,500 per year and, by agreement, adjusted for future inflation. The prescribed regulations for capitalisation under the Estate D…

  • Estate Duty
  • Maintenance Obligation
  • Capitalisation Of Future Liabilities
  • Inflation Adjustment
  • Divorce Settlement
  • Burden Of Proof
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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.