South Africa Case Law

Lion of Africa Life Assurance Co Ltd v NeFG Fund Management (Pty) Ltd and Others (5540/2022)

Lion of Africa Life Assurance Co Ltd v NeFG Fund Management (Pty) Ltd and Others (5540/2022) [2023] ZAGPJHC 550 (23 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

5540/2022

Judge

S Yacoob

The court confirmed a provisional winding-up order, placing the first respondent in final liquidation and awarding costs against intervening respondents for their conduct.

• Final Winding Up
• Intervention Of Parties
• Costs Award
• Admission Of Evidence
• Liquidation Proceedings
• Final-winding-up

Transasia 444 (Pty) Ltd and Another v Minister of Mineral Resources and Others (10531/2022)

Transasia 444 (Pty) Ltd and Another v Minister of Mineral Resources and Others (10531/2022) [2023] ZAGPPHC 51 (3 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

10531/2022

Judge

Millar

Transasia Minerals (Pty) Ltd demonstrated a direct and substantial interest in the proceedings and the confidential information at issue, warranting its intervention as an applicant. The order of 29 August 2022 was final in effect, definitive of the parties' rights, and not merely interlocutory, thus appealable. However, the grounds for leave to appeal did not meet the threshold of reasonable prospects of success, nor was there any compelling reason for the appeal to be heard. The protection of confidential information as ordered was adequate and not challenged by Umsobomvu. Accordingly, leav…

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• Mineral And Petroleum Resources Development Act
• Appealability Of Orders
• Intervention Of Parties
• Confidential Information In Records

Henning and Others v Baloyi and Others (LCC179/2021)

Henning and Others v Baloyi and Others (LCC179/2021) [2022] ZALCC 31 (6 May 2022)

Court

Land Claims Court

Case number

LCC179/2021

Judge

Cowen

The Land Claims Court refused leave to intervene, finding no timely application and no pleaded basis showing a direct interest in the main land claims dispute.

• Intervention Of Parties
• Representation Of Community
• Restitution Of Land Rights Act
• Authority To Represent
• Joinder
• Intervention-of-parties

Nash and Others v Cadac Pension Fund (In Curatorship) (Registration Number: 12/8/0020425) and Others (545/2020)

Nash and Others v Cadac Pension Fund (In Curatorship) (Registration Number: 12/8/0020425) and Others (545/2020) [2021] ZASCA 144 (11 October 2021)

Court

Supreme Court of Appeal

Case number

545/2020

Judges

Dambuza, Makgoka, Mbatha, Ledwaba, Unterhalter

The Supreme Court of Appeal upheld an interim interdict protecting pension contributions and held that leave to institute proceedings could be sought within the same application.

• Interim Interdict
• Leave To Institute Proceedings
• Intervention Of Parties
• Pension Fund Administration
• Vexatious Litigation
• Interim-interdict

142 On South Management Company (Pty) Ltd v Britz t/a Nelis Britz Attorneys and Conveyancers and Others (6672/2017)

142 On South Management Company (Pty) Ltd v Britz t/a Nelis Britz Attorneys and Conveyancers and Others (6672/2017) [2017] ZALMPPHC 42 (15 November 2017)

Court

Limpopo High Court, Polokwane

Case number

6672/2017

Judge

Sikhwari

The court found that the intervening parties have a direct and substantial interest in the subject-matter of the main application due to their contractual rights to the transfer of specific erven, which would be prejudiced by the interdict and rule nisi. The applicant failed to justify the ex parte approach and did not disclose material facts that were relevant to the court’s decision. The application did not fall within the categories justifying ex parte relief, and the applicant was aware of the intervening parties’ intention to oppose but failed to join or notify them. The court held that…

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• Ex Parte Applications
• Rule Nisi
• Intervention Of Parties
• Material Non Disclosure
• Costs Orders

Steenkamp v Natcorp Specialised Logistics and Others (36958/12)

Steenkamp v Natcorp Specialised Logistics and Others (36958/12) [2015] ZAGPPHC 923 (17 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

36958/12

Judge

C.P. Rabie

The High Court refused a late joinder application: the plaintiff could not force a close corporation to join as co-plaintiff after pleadings closed.

• Joinder Of Parties
• Close Of Pleadings
• Intervention Of Parties
• Joinder-of-parties
• Intervention
• Civil-procedure

Routledge Modise Inc v Louw N.O. and Others, In Re; Louw N.O. and Others v Van Der Merwe N.o. and Others (4793/2012)

Routledge Modise Inc v Louw N.O. and Others, In Re; Louw N.O. and Others v Van Der Merwe N.o. and Others (4793/2012) [2013] ZAFSHC 217 (19 November 2013)

Court

Free State High Court, Bloemfontein

Case number

4793/2012

Judge

J.P. Daffue

The court granted Routledge Modise Inc leave to intervene in a dispute over the validity and ranking of a waiver affecting bond priority.

• Intervention Of Parties
• Direct And Substantial Interest
• Mortgage Bond Priority
• Waiver Of Preference
• Prescription
• Ratification