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South Africa Case Law

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Civil Procedure [2023] ZAWCHC 75

Ribbon Dancer Investments CC v Moosa (21019/2022)

Ribbon Dancer Investments CC v Moosa (21019/2022) [2023] ZAWCHC 75 (17 April 2023)

The High Court ordered an attorney to pay wasted costs de bonis propriis after a meritless joinder bid and adjournment, and imposed punitive costs on the respondent.

  • Costs De Bonis Propriis
  • Joinder Application
  • Eviction Proceedings
  • Punitive Costs
  • Abuse Of Process
  • Costs-de-bonis-propriis
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Civil Procedure [2022] ZAECMKHC 66

Charlene Goodman (Pty) Limited and Another v The Acting Sheriff for the District of East London and Others (3009/2021)

Charlene Goodman (Pty) Limited and Another v The Acting Sheriff for the District of East London and Others (3009/2021) [2022] ZAECMKHC 66 (27 September 2022)

The High Court set aside a writ of execution and notice of attachment for lack of authority, dismissed an intervention bid, and awarded attorney-and-client costs.

  • Authority Of Director
  • Setting Aside Writ Of Execution
  • Joinder Application
  • Fraudulent Resolution
  • Setting-aside-writ-of-execution
  • Company-authority
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Civil Procedure [2020] ZAGPPHC 465

Makokotlela v Khumalo and Others (100047/2015)

Makokotlela v Khumalo and Others (100047/2015) [2020] ZAGPPHC 465 (28 February 2020)

The High Court dismissed an application to rescind a default judgment, finding the applicant knew of the proceedings, gave no adequate delay explanation, and showed no bona fide defence.

  • Rescission Of Default Judgment
  • Rule 31 2 B
  • Joinder Application
  • Condonation
  • Bona Fide Defence
  • Rescission-of-default-judgment
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Labour Law [2018] ZALCJHB 264

Baloi and Another v Maddox Adams International South Africa (Pty) Ltd (J203/16)

Baloi and Another v Maddox Adams International South Africa (Pty) Ltd (J203/16) [2018] ZALCJHB 264 (15 August 2018)

The Labour Court held that the applicants’ enforcement claim had prescribed and dismissed their bid to treat the respondent as liable under section 197A of the LRA.

  • Prescription Of Arbitration Award
  • Transfer Of Business As Going Concern
  • Section 197a Lra
  • Unfair Dismissal
  • Joinder Application
  • Labour-law
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Labour Law [2018] ZALCJHB 440

Mcdonald v TRSS 24 Hour Reaction (Pty) Ltd and Another (J 1569/18)

Mcdonald v TRSS 24 Hour Reaction (Pty) Ltd and Another (J 1569/18) [2018] ZALCJHB 440 (22 February 2018)

The Labour Court refused leave to appeal after granting condonation for a six-day late answering affidavit, finding no reasonable prospects of a different outcome.

  • Condonation
  • Late Filing Of Affidavit
  • Joinder Application
  • Leave To Appeal
  • Interlocutory Orders
  • Late-filing-of-affidavit
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Civil Procedure [2013] ZASCA 94

Peter Taylor & Associates v Bell Estates (Pty) Ltd and Another (558/12)

Peter Taylor & Associates v Bell Estates (Pty) Ltd and Another (558/12) [2013] ZASCA 94; 2014 (2) SA 312 (SCA) (4 July 2013)

The Supreme Court of Appeal held that the service of a Rule 10(3) notice of joinder does not constitute a process whereby the creditor claims payment of the debt as envisaged by section 15(1) of the Prescription Act. The joinder application is a procedural mechanism that enables the creditor to institute a claim against the joined party but does not itself enforce any right to payment. Judgment in the joinder application does not dispose of any element of the claim for payment; it merely allows the creditor to proceed with a substantive claim in subsequent pleadings. The court found that the…

  • Prescription Act
  • Interruption Of Prescription
  • Joinder Application
  • Rule 10 3
  • Debt Claims
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Labour Law [2011] ZALCJHB 88

Seatlolo and Other v Entertainment Logistics Services (A Division of Gallo Africa Ltd) (JS 1971/10)

Seatlolo and Other v Entertainment Logistics Services (A Division of Gallo Africa Ltd) (JS 1971/10) [2011] ZALCJHB 88 (21 October 2011)

The court found that the applicants failed to meet the threshold for interference with the exercise of judicial discretion by the court a quo. The explanation for the delay in referring the dispute was inadequate and not compelling, as the applicants largely extricated their union from responsibility and failed to satisfactorily explain substantial periods of delay. The prospects of success, even if prima facie present, were not overwhelming enough to compensate for the egregious delay. The court a quo did not misapply the legal test for condonation, as it considered and weighed all relevant…

  • Condonation
  • Late Referral
  • Judicial Discretion
  • Union Representation
  • Joinder Application
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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.