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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1042

Ntoko v Road Accident Fund (2024/073741)

Ntoko v Road Accident Fund (2024/073741) [2024] ZAGPJHC 1042 (16 October 2024)

The court held that a notice of intention to amend does not automatically lift a notice of bar; a substantive Rule 27 application is required.

  • Notice Of Bar
  • Default Judgment
  • Pleadings Amendment
  • Rule 26 Uniform Rules
  • Lifting Of Bar
  • Notice-of-bar
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Civil Procedure [2024] ZAGPJHC 590

MEC for Provincial Department of Infrastructure Development v Pro-Plan Consulting Engineers (Pty) Ltd (2023/050619)

MEC for Provincial Department of Infrastructure Development v Pro-Plan Consulting Engineers (Pty) Ltd (2023/050619) [2024] ZAGPJHC 590 (24 June 2024)

The High Court granted condonation, lifted the bar, and allowed the State to file a late plea, finding a reasonable explanation and a bona fide defence.

  • Condonation
  • Lifting Of Bar
  • Late Filing Of Plea
  • Default Judgment
  • Arbitration Clause
  • Lifting-of-bar
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Civil Procedure [2023] ZAGPPHC 29

ABSA Home Loans Guarantee Company (RF) (PTY) LTD and Another v Badenhorst and Another (90270/18)

ABSA Home Loans Guarantee Company (RF) (PTY) LTD and Another v Badenhorst and Another (90270/18) [2023] ZAGPPHC 29 (19 January 2023)

The High Court refused default judgment in a loan enforcement matter, lifted the bar, and required the defendants to file a plea because the plaintiffs’ papers were inconsistent.

  • Default Judgment
  • Lifting Of Bar
  • Mortgage Bond Enforcement
  • Pleading Requirements
  • Default-judgment
  • Lifting-bar
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Civil Procedure [2022] ZAECMKHC 1

Dlodlo and Others v Omega Construction and Building (Pty) Ltd (CA85/2022)

Dlodlo and Others v Omega Construction and Building (Pty) Ltd (CA85/2022) [2022] ZAECMKHC 1 (1 March 2022)

The High Court struck an appeal from the roll, holding that a default judgment against barred defendants was not final and remained rescindable.

  • Default Judgment
  • Rescission Of Judgment
  • Principal Building Agreement
  • Wilful Default
  • Lifting Of Bar
  • Default-judgment
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Civil Procedure [2018] ZAGPPHC 707

Maseko and Another v Minister of Police (62925/2014)

Maseko and Another v Minister of Police (62925/2014) [2018] ZAGPPHC 707 (16 March 2018)

The High Court granted condonation for a late plea, lifted the bar, and postponed default judgment in an unlawful arrest claim against the Minister of Police.

  • Condonation Of Late Plea
  • Unlawful Arrest And Detention
  • Default Judgment
  • Lifting Of Bar
  • Condonation
  • Lifting-bar
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Labour Law [2000] ZALC 146

Pheelo and Others v Leeudoorn Gold Mine (J1626/99)

Pheelo and Others v Leeudoorn Gold Mine (J1626/99) [2000] ZALC 146 (13 December 2000)

The Labour Court refused to lift a procedural bar, finding no good cause for the workers’ failure to attend pre-trial proceedings and dismissing the matter.

  • Retrenchment
  • Good Cause
  • Want Of Prosecution
  • Section 189 Lra
  • Lifting Of Bar
  • Labour-law
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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.