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South Africa Case Law

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Civil Procedure [2021] ZAGPPHC 283

Mbana v Balintulo and Others (79752/2019)

Mbana v Balintulo and Others (79752/2019) [2021] ZAGPPHC 283 (21 April 2021)

The High Court granted consolidation of four defamation actions against Linda Mbana, finding the matters arose from the same cause and that no substantial prejudice was shown.

  • Consolidation Of Actions
  • Uniform Rule 11
  • Joinder Of Defendants
  • Balance Of Convenience
  • Substantial Prejudice
  • Consolidation-of-actions
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Civil Procedure [2020] ZAWCHC 183

Bester NO and Others v Target Brand Orchards (Pty) Ltd and Others (22593/2019)

Bester NO and Others v Target Brand Orchards (Pty) Ltd and Others (22593/2019) [2020] ZAWCHC 183 (21 December 2020)

The High Court dismissed Funky Fruit’s Rule 30 challenge, refused upliftment of the bar and default judgment, and also refused to compel further particulars from Target Brand.

  • Joinder Of Defendants
  • Voidable Preferences
  • Insolvency Act Section 29
  • Default Judgment
  • Condonation
  • Trial Particulars
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Commercial And Corporate [2016] ZAGPJHC 185

Mabote and Others v Van Der Merwe NO and Another (2015/40324)

Mabote and Others v Van Der Merwe NO and Another (2015/40324) [2016] ZAGPJHC 185 (8 July 2016)

The court considered leave to sue companies in business rescue under section 133(1)(b), but the application became moot when ABIL exited business rescue.

  • Business Rescue Moratorium
  • Leave To Sue Company In Rescue
  • Joinder Of Defendants
  • Prima Facie Case Requirement
  • Contractual Interpretation
  • Business-rescue
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Commercial And Corporate [2016] ZAGPJHC 292

Arendse and Others v Van der Merwe NO and Another (2015/40324)

Arendse and Others v Van der Merwe NO and Another (2015/40324) [2016] ZAGPJHC 292; 2016 (6) SA 490 (GJ); [2016] 4 All SA 48 (GJ) (8 July 2016)

The court held that the applicants had established a prima facie case against one or more of EF, EHL, or ABIL for payment under the PARIS scheme. Although the PARIS did not expressly identify the liable entity, the contextual evidence and approval by ABIL's remuneration committee created a triable issue. The applicants were justified in seeking leave to institute proceedings against ABIL, as only a court could grant executable relief and the business rescue practitioners of EF and EHL had consented to litigation, subject to ABIL's joinder. The court rejected the argument that a higher standar…

  • Business Rescue
  • Leave To Sue
  • Joinder Of Defendants
  • Prima Facie Case
  • Contractual Interpretation
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Civil Procedure [2011] ZANWHC 54

Scheepers v Scheepers and Another (270/2008)

Scheepers v Scheepers and Another (270/2008) [2011] ZANWHC 54 (5 May 2011)

The North West High Court held that the first defendant must pay the second defendant’s costs after the plaintiff withdrew the claim against the second defendant.

  • Joinder Of Defendants
  • Costs Award
  • Withdrawal Of Action
  • Rule 10
  • Rule 41
  • Civil-procedure
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Civil Procedure [2001] ZAFSHC 1

Bloemfonteinse Plaaslike Oorgangsraad v Rautenbach and Another (26/2001)

Bloemfonteinse Plaaslike Oorgangsraad v Rautenbach and Another (26/2001) [2001] ZAFSHC 1 (29 November 2001)

The court held that a magistrate’s merits-only finding was not a final appealable order and dismissed the appeal, noting section 42(1) is procedural only.

  • Joinder Of Defendants
  • Burden Of Proof
  • Res Ipsa Loquitur
  • Joint And Several Liability
  • Appealability Of Interlocutory Orders
  • Appealability
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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.