Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2020] ZASCA 22

Tusk Construction Support Services (Pty) Ltd and Another v Independent Development Trust (364/2019)

Tusk Construction Support Services (Pty) Ltd and Another v Independent Development Trust (364/2019) [2020] ZASCA 22 (25 March 2020)

Court
Supreme Court of Appeal
Case number
364/2019
Judges
Petse, Zondi, Dlodlo, Mbatha, Gorven

The Supreme Court of Appeal held that the citation of a trust as a party to legal proceedings does not render the summons a nullity. The error is one of misdescription, not substance, and can be cured by amendment to substitute the trustees in their representative capacity. The claim remains unchanged, and no real prejudice is suffered by the respondent, especially as prescription was interrupted by the original summons. The opposition to the amendment was unreasonable, and the costs of the application for amendment should be borne by the respondent. The High Court's failure to provide reason…

Source excerpt

  • Amendment Of Pleadings
  • Misdescription Of Parties
  • Trusts And Trustees
  • Juristic Personality
  • Costs Orders
Read case analysis
Civil Procedure [2008] ZAECHC 68

Qaukeni People’s Organisation t/a Inkonjane Community Radio v Task Team of Inkonjane F.M. And Others (1007/07)

Qaukeni People’s Organisation t/a Inkonjane Community Radio v Task Team of Inkonjane F.M. And Others (1007/07) [2008] ZAECHC 68 (29 May 2008)

Court
High Courts - Eastern Cape
Case number
1007/07
Judge
Pakade

The court found that the task team was not constituted in terms of the applicant's constitution and represented only a minority breakaway group. The governance of the association and its community radio station vests in the interim Board of Directors, and only the Board may convene meetings and conduct elections. The meeting scheduled for 28 July 2007 was unlawful, and its resolutions were null and void. The respondents' opposition to the application was not authorised by the applicant. The applicant's urgent application for an interdict was justified, and the interim order was confirmed. Cos…

Source excerpt

Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.