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South Africa Case Law

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Civil Procedure [2025] ZAECMKHC 24

Lombard v Fort Hare University and Another (154/2024)

Lombard v Fort Hare University and Another (154/2024) [2025] ZAECMKHC 24 (11 March 2025)

The court ordered return of cattle seized by police without satisfying warrantless-search requirements, but also barred the applicant from disposing of them for six months.

  • Spoliation Order
  • Interlocutory Interdict
  • Criminal Investigation
  • Stock Theft
  • Search And Seizure
  • Mandament Van Spolie
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Civil Procedure [2024] ZAGPJHC 712

Picnoord Kitchen and Another v Lynx Investment (Pty) Ltd and Others (2024/054493)

Picnoord Kitchen and Another v Lynx Investment (Pty) Ltd and Others (2024/054493) [2024] ZAGPJHC 712; 2024 (6) SA 599 (GJ) (8 July 2024)

The court found that the applicants are entitled to the protection of the suspension rule, which maintains the status quo pending the outcome of an appeal. The respondents' execution of the eviction order during the period allowed for noting an appeal was intended to deprive the applicants of this protection. The requirements for a mandatory interlocutory interdict were satisfied: the applicants demonstrated a prima facie right to remain in the premises, a well-grounded apprehension of ongoing irreparable harm, and the balance of convenience favoured reinstatement. The respondents' reliance o…

  • Interlocutory Interdict
  • Stay Of Execution
  • Remission Of Rental
  • Eviction
  • Suspension Of Judgment
  • Appeal Procedure
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Civil Procedure [2023] ZAFSHC 329

Du Plessis and Others v Majiedt N.O and Others (3059/2021)

Du Plessis and Others v Majiedt N.O and Others (3059/2021) [2023] ZAFSHC 329 (8 August 2023)

The High Court granted leave to appeal on whether a discharged provisional sequestration order restored locus standi and on the validity of a lease tied to a bonded farm.

  • Locus Standi
  • Provisional Sequestration
  • Validity Of Lease Agreement
  • Mortgage Bond Clauses
  • Interlocutory Interdict
  • Ratification Of Proceedings
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Civil Procedure [2021] ZAFSHC 281

Majakathata Long Distance Taxi Association and Others v Welkom United Taxi Association and Others (A154/2020)

Majakathata Long Distance Taxi Association and Others v Welkom United Taxi Association and Others (A154/2020) [2021] ZAFSHC 281 (4 November 2021)

The High Court upheld an appeal in a taxi association dispute, finding the urgent application was not properly urgent and should have been struck from the roll.

  • Urgency In Motion Proceedings
  • Interlocutory Interdict
  • Illegal Use Of Routes
  • Taxi Rank Disputes
  • Urgency-in-motion-proceedings
  • Urgent-applications
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Administrative Law [2021] ZALMPPHC 26

Roadmac Surfacing (Pty) Ltd v Road Agency Limpopo SOC Ltd and Others (2245/2021, 2246/2021 2247/2021, 2248/2021, 2249/2021, 2250/2021)

Roadmac Surfacing (Pty) Ltd v Road Agency Limpopo SOC Ltd and Others (2245/2021, 2246/2021 2247/2021, 2248/2021, 2249/2021, 2250/2021) [2021] ZALMPPHC 26 (5 May 2021)

The High Court dismissed an urgent bid for an interdict over tender awards, finding the applicant’s bids were non-compliant and its prospects of review success were poor.

  • Promotion Of Administrative Justice Act
  • Preferential Procurement Policy Framework Act
  • Interlocutory Interdict
  • Tender Compliance
  • Balance Of Convenience
  • Interlocutory-interdict
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Commercial And Corporate [2020] ZASCA 146

Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019)

Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019) [2020] ZASCA 146; 2021 (2) SA 137 (SCA) (13 November 2020)

The Supreme Court of Appeal held that SANRAL could demand payment under an unconditional performance guarantee despite a pending force majeure arbitration.

  • Performance Guarantee
  • Fidic Contract
  • Force Majeure
  • Interlocutory Interdict
  • Contractual Entitlement
  • Risk Allocation
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Administrative Law [2019] ZAECMHC 12

Nyume and Another v Walter Sisulu University and Others (580/19)

Nyume and Another v Walter Sisulu University and Others (580/19) [2019] ZAECMHC 12 (20 February 2019)

The court held that it was precluded from considering the merits of the application for an interlocutory interdict due to the non-joinder of other students registered for the degree in question. These students have a direct and substantial interest in the outcome, and any order granted would materially affect their rights. The application was not brought as a class action nor founded on constitutional provisions, but rather on contract. Until the necessary parties are joined, the court cannot proceed to determine the substantive issues. Costs were awarded against the applicants for the oppose…

  • Joinder Of Parties
  • Interlocutory Interdict
  • Accreditation Of Educational Programmes
  • Contractual Relationship
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Commercial And Corporate [2017] ZAGPPHC 818

Zipro Mineral Processing (Pty) Ltd v Coal Giant (Pty) Limited (436/2017)

Zipro Mineral Processing (Pty) Ltd v Coal Giant (Pty) Limited (436/2017) [2017] ZAGPPHC 818 (20 December 2017)

The court dismissed an urgent interdict application after finding that alleged undisclosed payments to a director undermined the applicant’s prima facie case.

  • Interlocutory Interdict
  • Breach Of Fiduciary Duty
  • Contract Cancellation
  • Good Faith In Contract
  • Case Management
  • Interlocutory-interdict
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Civil Procedure [2016] ZAGPPHC 217

Firstrand Ltd v Spitz and Another; Firstrand Bank Ltd and Others v Spitz (24584.2016; 88714.2014)

Firstrand Ltd v Spitz and Another; Firstrand Bank Ltd and Others v Spitz (24584.2016; 88714.2014) [2016] ZAGPPHC 217 (15 April 2016)

The court found the application urgent due to the respondents' conduct in persisting with defamatory and vexatious allegations previously dismissed in earlier proceedings. The discovery affidavit contained irrelevant and inappropriate comments, and the respondents failed to retract or apologise for misquoting official findings. The applicant demonstrated a well-grounded apprehension of continued abuse of court process. The High Court has inherent and statutory power to stay proceedings in cases of vexatious litigation. The requirements for interim relief were met, with no serious doubt cast o…

  • Vexatious Litigation
  • Interlocutory Interdict
  • Abuse Of Process
  • Defamation
  • Discovery Affidavit
  • Costs Punitive Scale
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Civil Procedure [2013] ZANCHC 17

Pieters v Klaasten and Another.doc (219/2013)

Pieters v Klaasten and Another.doc (219/2013) [2013] ZANCHC 17 (14 June 2013)

Application to stop the sale in execution of a vehicle dismissed because the applicant failed to show a clear or prima facie right and had no pending appeal.

  • Interpleader Proceedings
  • Final Interdict
  • Interlocutory Interdict
  • Ownership Dispute
  • Stay Of Execution
  • Interdict
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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.