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Civil Procedure [2022] ZAGPPHC 8

Tshavhungwe v Fast Issuer Spy (RF) Ltd (2674/21)

Tshavhungwe v Fast Issuer Spy (RF) Ltd (2674/21) [2022] ZAGPPHC 8 (10 January 2022)

The court found that the initial service of summons at an incorrect domicilium citandi et executandi was an irregular step, but the respondent remedied the irregularity by amending the summons and re-serving it at the correct address. The applicant failed to demonstrate any prejudice resulting from the irregular service or the subsequent re-service. Technical objections without prejudice do not warrant setting aside proceedings. The application for costs de bonis propriis against the respondent's attorney was abandoned and found to be unnecessary. The applicant's conduct in pursuing the appli…

  • Irregular Service Of Process
  • Rule 30 Application
  • Domicilium Citandi Et Executandi
  • Costs De Bonis Propriis
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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.