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South Africa decisions
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Micillo v Fillippo (23724/2016; 11709/2017) [2022] ZAWCHC 16 (22 February 2022)
The High Court upheld substitution of the deceased plaintiff’s sole heir under Rule 15, dismissed issue estoppel and Rule 30 challenges, and upheld an exception on costs.
Mogale City Municipality v Fidelity Security Services (Pty) Ltd and Others (572/2013) [2014] ZASCA 172; 2015 (5) SA 590 (SCA) (19 November 2014)
The Supreme Court of Appeal held that the exclusion of Fidelity Security Services from the tender process was unlawful and constituted a reviewable error under the Promotion of Administrative Justice Act. The Municipality's procedural objection was rejected because it was not properly raised under Uniform Rule 30 and did not result in prejudice. The tender process was found to be defective due to multiple irregularities, including the improper exclusion of Fidelity, arbitrary adjustment of scores, and recommendations inconsistent with the advertised tender terms. The remedy granted by the Hig…
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Maja v Leppele-Nkupi Local Municipality and Others (31436/2009) [2013] ZAGPPHC 420 (5 December 2013)
The court referred the dispute over a Permission to Occupy and related damages claims to trial, converting the motion papers into action proceedings.
Beecham Group PLC v Colgate-Palmolive Company (A828/08, A829/08, A830/08) [2011] ZAGPPHC 160; 2011 BIP 159 (GSJ) (11 May 2011)
The High Court dismissed appeals against a registrar’s decision to allow a late trade mark opposition, finding no basis to interfere with the discretion exercised.
S v Koloza and Another (809/08) [2009] ZAFSHC 1 (8 January 2009)
The High Court set aside accused 3’s transfer for sentencing because his alleged previous convictions were not proven before transfer.
S v Isaacs and Another (A233/05) [2006] ZAWCHC 2 (26 January 2006)
The High Court reviewed a joint criminal trial and held that calling a co-accused who had pleaded guilty as a prosecution witness without separating the trials was an irregularity that prejudiced the remaining accused.
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