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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 103

Barnard v Gouws (Leave to Appeal) (70992/2018)

Barnard v Gouws (Leave to Appeal) (70992/2018) [2024] ZAGPPHC 103 (14 February 2024)

The High Court dismissed an application for leave to appeal, holding that a late Rule 27(3) condonation bid to cure irregular service after trial was an abuse of process.

  • Condonation Application
  • Irregular Service
  • Rule 27 3
  • Rule 4 1 A Iv
  • Abuse Of Process
  • Civil-procedure
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Civil Procedure [2022] ZALMPPHC 65

Small Enterprise Agency (SOC) Limited v Tsoshang Training Center CC and Another (746/2018)

Small Enterprise Agency (SOC) Limited v Tsoshang Training Center CC and Another (746/2018) [2022] ZALMPPHC 65 (29 November 2022)

The High Court dismissed an exception to amended particulars of claim in a loan dispute, finding no serious prejudice or excipiable vagueness.

  • Exception Procedure
  • Pleading Requirements
  • National Credit Act
  • Irregular Service
  • Loan Agreement
  • Exception-procedure
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Civil Procedure [2019] ZAGPPHC 550

Winter v Peter Tormahlen Safari CC t/a Tormahlen & Cocran Safaris (60276/2017)

Winter v Peter Tormahlen Safari CC t/a Tormahlen & Cocran Safaris (60276/2017) [2019] ZAGPPHC 550 (31 October 2019)

The court dismissed an application challenging a summons under Rule 17(3), finding the Registrar had in fact signed it before service.

  • Uniform Rules Of Court
  • Summons Signature
  • Irregular Service
  • Pleading Particularity
  • Uniform-rules-of-court
  • Summons
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Civil Procedure [2018] ZAGPPHC 308

Harinoro and Another v LG Maroncowitz and Sons (Pty) Ptd and Another (2879/17)

Harinoro and Another v LG Maroncowitz and Sons (Pty) Ptd and Another (2879/17) [2018] ZAGPPHC 308 (2 May 2018)

The High Court rescinded an eviction default order, finding the notice of set down was irregularly served and the applicants had a bona fide defence.

  • Rescission Of Judgment
  • Eviction Proceedings
  • Irregular Service
  • Wilful Default
  • Bona Fide Defence
  • Rescission-of-judgment
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Civil Procedure [2016] ZALMPPHC 5

Tshikundamalema v Mudau (HCA08/2015)

Tshikundamalema v Mudau (HCA08/2015) [2016] ZALMPPHC 5 (10 June 2016)

The Full Court upheld an appeal and rescinded a default judgment after finding procedural irregularities that made the judgment erroneously granted.

  • Rescission Of Judgment
  • Default Judgment
  • Irregular Service
  • Partnership Dispute
  • Property Ownership
  • Rescission-of-judgment
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Civil Procedure [2014] ZAGPJHC 408

Van Niekerk and Others v Absa Bank Limited (8763/2013)

Van Niekerk and Others v Absa Bank Limited (8763/2013) [2014] ZAGPJHC 408 (15 December 2014)

The High Court rescinded a default judgment after finding service irregular where papers were handed to a security guard at a gated community entrance.

  • Rescission Of Judgment
  • Irregular Service
  • Mortgage Bond Dispute
  • Default Judgment
  • Uniform Rule 42
  • Rescission-of-judgment
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Land And Property [2013] ZALCC 4

Mathimbane and Another v Normandien Farms (Pty) Ltd (LCC 06/2012)

Mathimbane and Another v Normandien Farms (Pty) Ltd (LCC 06/2012) [2013] ZALCC 4 (29 January 2013)

The Land Claims Court dismissed an urgent application by farm residents, finding they had not proved labour-tenant or ESTA occupier status and so failed to establish jurisdiction.

  • Labour Tenant Definition
  • Jurisdiction Of Land Claims Court
  • Extension Of Security Of Tenure Act
  • Interdictory Relief
  • Irregular Service
  • Labour-tenancy
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Civil Procedure [2008] ZAGPHC 162

Barrat, Ex parte (7049/08)

Barrat, Ex parte (7049/08) [2008] ZAGPHC 162 (6 June 2008)

The court refused to condone irregular articles of clerkship and postponed the applicant’s admission as an attorney sine die.

  • Attorneys Act
  • Admission To Practice
  • Irregular Service
  • Condonation
  • Articles Of Clerkship
  • Attorneys-act
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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.