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
1 court collection
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 [2024] ZAGPJHC 762

J.M v N.C (2023/00100)

J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2023/00100
Judge
N.J. Graves

The court found that the respondent failed to provide credible evidence of domicile or residence in South Africa. Her assertions were unsupported, contradicted by her own communications, and lacked necessary detail regarding her employment, marital status, and family circumstances. The redacted visa did not substantiate her claim of temporary residence in the USA, and her failure to disclose relevant facts undermined her credibility. The applicant discharged the burden of proving that the respondent is not an incola of South Africa, and thus a peregrinus. The reconsideration application was d…

Source excerpt

  • Jurisdiction
  • Peregrinus
  • Attachment Of Assets
  • Reconsideration Application
  • Domicile
  • Legal Fees Claim
Read case analysis
Civil Procedure [2022] ZAGPJHC 463

Tshisevhe Gwina Ratshimbilani Incorporated v Gijima Holdings (PTY) Ltd (41445 /2020)

Tshisevhe Gwina Ratshimbilani Incorporated v Gijima Holdings (PTY) Ltd (41445 /2020) [2022] ZAGPJHC 463 (11 July 2022)

Court
South Gauteng High Court, Johannesburg
Case number
41445 /2020
Judge
Nichols

The court found that the plaintiff's amended particulars of claim set out the material terms of the written mandate, the reasons for deviation from the capped fee, and the factual basis for the increased fee. The allegations were sufficiently particularized and supported by annexures. The defendant failed to demonstrate that the particulars of claim were bad in law or that the amendments rendered the pleadings excipiable, vague, or embarrassing. The court held that the issues raised by the defendant were matters for trial and evidence, not for determination on exception. The plaintiff's appli…

Source excerpt

  • Uniform Rule 28
  • Exception Procedure
  • Written Mandate
  • Legal Fees Claim
  • Pleading Requirements
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.