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South Africa Case Law

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Civil Procedure [2023] ZANWHC 243

Jomane Eiendomme (Pty) Ltd v van Zyl N.O and Others (M348/2020)

Jomane Eiendomme (Pty) Ltd v van Zyl N.O and Others (M348/2020) [2023] ZANWHC 243 (27 November 2023)

High Court granted leave to appeal to the Supreme Court of Appeal on a novel procedural issue after rescission of a section 58 Magistrates’ Court judgment.

  • Magistrates Court Act Section 58
  • Leave To Appeal
  • Rescission Of Judgment
  • Functus Officio
  • Once And For All Rule
  • Leave-to-appeal
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Civil Procedure [2017] ZAECBHC 22

Mjongile v Magistrate Zwelitsha and Others (406/16; 407/16)

Mjongile v Magistrate Zwelitsha and Others (406/16; 407/16) [2017] ZAECBHC 22 (23 February 2017)

The High Court set aside two magistrates’ court judgments by consent, finding gross irregularities and non-compliance with the National Credit Act and court rules.

  • Magistrates Court Act Section 58
  • National Credit Act Compliance
  • Gross Irregularity
  • Consent To Judgment
  • Emoluments Attachment Order
  • Magistrates-court-act
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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.