Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Du Preez and Others v Master of the High Court and Others (45184/2021) [2024] ZAGPPHC 299 (26 February 2024)
The court held that a divorce settlement order conflicted with the deceased’s will and amounted to a revocation under section 2A(c) of the Wills Act.
Van Den Heever N.O. and Another v Ally and Another (48084/2017) [2021] ZAGPJHC 507 (29 January 2021)
The court found that the applicants were not remiss in failing to procure the transcript of the Nicolls J judgment earlier, given the procedural history and the late shift in the first respondent's arguments. The respondent's new contentions, raised in supplementary heads of argument, placed the interpretation of the Matojane order at the centre of the dispute, making the transcript relevant and necessary for a fair adjudication of the main application and counterapplication. The court held that it would be preferable for any court deciding the matter to have the transcript available. Regardi…
Source excerpt
Hibiscus Coast Municipality v Hume Housing (638/15) [2016] ZASCA 71 (23 May 2016)
The Supreme Court of Appeal held that an earlier ruling did not make the compensation claim res judicata, because it had only decided whether the parties agreed on the valuer’s mandate.
Solidarity obo Roos v South African Police Service and Others (JS1043/12) [2015] ZALCJHB 416 (23 November 2015)
The court found that the respondents had complied with the Order of 22 April 2014. There was no third funded Colonel post in the internal audit section of Crime Intelligence at the relevant time; the documentary evidence relied upon by the applicant reflected unfunded posts, which could not be filled. The respondents placed Roos in a comparable internal audit position at Head Office, retaining his rank and remuneration, and provided him with duties consistent with his experience. The court rejected the applicant's interpretation that the Commissioner was obliged to create or transfer posts sp…
Source excerpt
Equicent Eastern Cape Developments (Pty) Ltd v University of Fort Hare and Others, In Re: African Student Accommodation Group (Pty) Ltd and Others v Equicent Eastern Cape Developments (Pty) Ltd and Others (4065/2014) [2015] ZAECGHC 46 (28 April 2015)
The court held that the respondents perempted their appeal by acquiescing in the order, dismissed leave to appeal, and struck out scandalous affidavit allegations.
P.D.T.H v M.H and Another (5995/14, 11887/12, 3801/12) [2014] ZAWCHC 100 (25 June 2014)
The court found that the Rule 43 maintenance order, as incorporated by agreement, did not lapse automatically upon the child attaining majority. The language of the order and the surrounding circumstances indicated that the parties intended for maintenance payments to continue beyond majority, particularly given the child's ongoing dependency due to mental health conditions. The applicant's continued payments after the child reached majority further supported this interpretation. The writ of execution was issued for an amount exceeding what was actually due, as the school fees were subject to…
Source excerpt
Kwan v Kaplan NO and Others (38097/2011) [2012] ZAGPJHC 36 (16 February 2012)
The court refused to extend a liquidator’s duties by declarator in a solvent partnership winding-up and awarded punitive costs for an ill-conceived application.
De Wet v Senwes Bpk (858/2004) [2005] ZAFSHC 103 (8 September 2005)
The court found that the settlement agreement, made an order of court, extinguished all previous obligations between the parties and replaced them with the terms of the compromise. Clause 3 of the order confirmed the cession of the proceeds of policy number 10998671X1 to the defendant and required the plaintiff to maintain the policy. The ordinary meaning of the clause, in context, was that the defendant is entitled to the full proceeds of the policy. The plaintiff's claim for re-cession was therefore dismissed, and the defendant's counterclaim for cession of the policy proceeds was granted.…
Source excerpt
Explore more
