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South Africa Case Law

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Civil Procedure [2019] ZAGPPHC 144

Mafumana v Road Accident Fund (4900/2017)

Mafumana v Road Accident Fund (4900/2017) [2019] ZAGPPHC 144 (26 April 2019)

High Court costs ruling in a Road Accident Fund matter: the court limited High Court-scale costs to 27 January 2018 and ordered later costs on Magistrates’ Court scale.

  • Costs Award
  • Jurisdictional Limit
  • Road Accident Claim
  • Transfer Of Proceedings
  • Costs-award
  • Jurisdictional-limit
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Criminal Law [2014] ZAGPPHC 732

S v Yacoob (A715/14)

S v Yacoob (A715/14) [2014] ZAGPPHC 732 (29 September 2014)

The court found that the magistrate intended to suspend the sentence for five years under section 297(1)(b), not to issue a compensation order under section 300. However, the magistrate failed to specify the period of suspension and did not conduct an enquiry into the accused's ability to pay or the complainant's willingness to accept a lesser amount. The compensation order exceeded the jurisdictional limit applicable under section 300, but since the suspension was under section 297(1), the monetary limit did not apply. The conviction was confirmed, but the sentence was set aside due to proce…

  • Fraud
  • Sentencing
  • Compensation Order
  • Conditional Suspension
  • Jurisdictional Limit
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Civil Procedure [2011] ZAFSHC 54

Esterhuysen v JE Enviro Services CC Abattoir (A275/2010)

Esterhuysen v JE Enviro Services CC Abattoir (A275/2010) [2011] ZAFSHC 54 (10 March 2011)

The High Court held that the respondent failed to prove a personal contract with the appellant, so the appeal succeeded and the claim was dismissed with costs.

  • Burden Of Proof
  • Contractual Liability
  • Estoppel
  • Jurisdictional Limit
  • Corporate Personality
  • Burden-of-proof
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