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South Africa Case Law

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Civil Procedure [2023] ZAWCHC 233

Ebesa Architects (Pty) Ltd v City of Cape Town (11824/2022)

Ebesa Architects (Pty) Ltd v City of Cape Town (11824/2022) [2023] ZAWCHC 233 (1 September 2023)

The High Court mostly refused Ebesa Architects’ bid to amend its plea and conditional special plea, finding the changes withdrew admissions without adequate explanation.

  • Amendment Of Pleadings
  • Withdrawal Of Admissions
  • Contractual Liability
  • Joint Venture Disputes
  • Mediation And Litigation
  • Prejudice In Amendment Applications
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Land And Property [2023] ZAFSHC 290

Kometsi N.O and Others v Kopano Uitkyk Farming Enterprise (Pty) Ltd and Others (223/2023)

Kometsi N.O and Others v Kopano Uitkyk Farming Enterprise (Pty) Ltd and Others (223/2023) [2023] ZAFSHC 290 (20 July 2023)

The court found that the application for eviction was not suitable for determination on motion due to the existence of multiple pending related cases (lis pendens) and material disputes of fact regarding the rights of occupation, the existence and terms of a stipulatio alteri, and the authority of certain parties. The Applicants were aware of these challenges and the attendant risks of proceeding by way of motion. The court held that it would be fair, just, and equitable to postpone the application pending the final determination of the related actions, as the rights and interests of the part…

  • Eviction Proceedings
  • Lis Pendens
  • Joint Venture Disputes
  • Locus Standi
  • Misjoinder
  • Factual Disputes In Motion Proceedings
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Civil Procedure [2016] ZAGPPHC 1118

Mboni Shatsane Joint Venture (Pty) Ltd v Khawuyeza Trading (Pty) Ltd and Others (26650/16)

Mboni Shatsane Joint Venture (Pty) Ltd v Khawuyeza Trading (Pty) Ltd and Others (26650/16) [2016] ZAGPPHC 1118 (11 November 2016)

The High Court dismissed an application to freeze and preserve bank funds after finding the applicant lacked locus standi and sufficient authority to sue.

  • Locus Standi
  • Authority To Institute Proceedings
  • Company Directors
  • Joint Venture Disputes
  • Locus-standi
  • Authority-to-institute-proceedings
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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.