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South Africa decisions
Decisions matching the current search
Isago at N12 Development (Pty) Ltd v PKX Capital (Pty) Ltd (87615/2019) [2022] ZAGPPHC 954 (9 December 2022)
The High Court dismissed leave to appeal against an interlocutory order allowing amendment of particulars of claim during trial, finding no appealable final effect.
Bokoni Platinum Mines v Moropane (1035/2019) [2020] ZASCA 168 (11 December 2020)
The Supreme Court of Appeal held that the recusal of Magistrate Malebane on grounds of bias rendered all proceedings before him, including interlocutory judgments and orders, a nullity. The principle of impartial adjudication is fundamental to a fair trial, and once bias is established, all decisions made by the biased adjudicator are invalid. Consequently, the judgment refusing leave to amend the plea and counterclaim cannot be considered res judicata. The high court erred in raising and applying res judicata, as the recusal vitiated all prior proceedings. The matter must be remitted to the…
Source excerpt
Boyce v Utopia Properties (Pty) Limited; In re: Utopia Properties (Pty) Limited v Boyce (54224/2014) [2016] ZAGPPHC 1042 (20 December 2016)
High Court refused condonation for a late application to amend a counterclaim, finding the delay explanation vague and the proposed amendment excipiable.
RGT Smart Operations (Pty) Ltd v Verlag Automobil Wirtschaft (Pty) Ltd t/a Arvato South Africa (2446/2013) [2016] ZAECPEHC 42 (25 August 2016)
The High Court granted leave to amend particulars of claim in an unlawful competition dispute, finding the amendments clarified an existing case and would not prejudice the defendant.
Guardforce International Transportation Limited v Khulani Fidelity Services Group (Pty) Limited (2006/21173) [2010] ZAGPJHC 16 (26 March 2010)
High Court appeal on whether leave to amend particulars of claim should be granted to seek declaratory relief under section 19(1)(a)(iii).
South African Forestry Company Limited v Momentum Life Assurers Ltd and Another (18952/06) [2007] ZAGPHC 90 (15 May 2007)
High Court decision granting leave to amend particulars of claim in a tax-deduction dispute arising from an insurance investment policy.
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