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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 658

Munro Transport CC v Swiegers (A000089/2023)

Munro Transport CC v Swiegers (A000089/2023) [2025] ZAGPJHC 658 (2 July 2025)

The High Court upheld an appeal, finding the plaintiff failed to prove an oral contract or that an employee had authority to bind Munro Transport CC.

  • Admissibility Of Hearsay Evidence
  • Authority Of Agent
  • Oral Contract
  • Magistrates Court Rules
  • Hearsay-evidence
  • Authority-of-agent
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Civil Procedure [2025] ZAGPJHC 671

Magdalene Georgiannis Marais Attorneys and Others v Indonet (Pty) Ltd TA One Fifty Capital (A2024/001078)

Magdalene Georgiannis Marais Attorneys and Others v Indonet (Pty) Ltd TA One Fifty Capital (A2024/001078) [2025] ZAGPJHC 671 (13 June 2025)

The High Court held that an order uplifting a bar was interlocutory and not appealable, and dismissed the appeal with costs.

  • Upliftment Of Bar
  • Condonation For Late Plea
  • Appealability Of Interlocutory Orders
  • Bona Fide Defence
  • Magistrates Court Rules
  • Civil-procedure
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Civil Procedure [2025] ZAGPJHC 453

Daniels v Simul Enterprises CC and Another (A2024/040877)

Daniels v Simul Enterprises CC and Another (A2024/040877) [2025] ZAGPJHC 453 (12 May 2025)

The High Court dismissed an appeal against rescission refusal, holding the appellant failed to show good cause, proof of service, or a bona fide defence.

  • Rescission Of Judgment
  • Default Judgment
  • Magistrates Court Rules
  • Landlord Hypothec
  • Lease Agreement Variation
  • Rescission-of-judgment
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Family And Children [2024] ZAGPPHC 1319

T.W.R v Q.E.T (A164/2024)

T.W.R v Q.E.T (A164/2024) [2024] ZAGPPHC 1319 (10 December 2024)

High Court appeal in a domestic violence matter upheld after the magistrates court relied on a struck-out, non-commissioned replying affidavit.

  • Domestic Violence Act
  • Protection Order
  • Affidavit Requirements
  • Magistrates Court Rules
  • Domestic-violence-act
  • Protection-order
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Civil Procedure [2024] ZAGPJHC 1068

Transnet SOC Limited v Olivier Survey Group (Pty) Ltd (A2023/076388)

Transnet SOC Limited v Olivier Survey Group (Pty) Ltd (A2023/076388) [2024] ZAGPJHC 1068 (22 October 2024)

The High Court set aside a magistrate’s dismissal of a rescission application and sent the matter back for a decision on the merits.

  • Rescission Of Judgment
  • Condonation
  • Magistrates Court Rules
  • Default Judgment
  • Points In Limine
  • Rescission-of-judgment
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Civil Procedure [2024] ZAGPJHC 1040

Kepadisa v Minister of Police (A2024/070143, 34/2022)

Kepadisa v Minister of Police (A2024/070143, 34/2022) [2024] ZAGPJHC 1040 (16 October 2024)

The High Court set aside a magistrate’s dismissal of an unlawful arrest claim and remitted the matter so the appellant could still give rebuttal evidence.

  • Unlawful Arrest
  • Burden Of Proof
  • Magistrates Court Rules
  • Damages For Detention
  • Unlawful-arrest
  • Burden-of-proof
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Civil Procedure [2024] ZAKZPHC 105

Thamodran Gouden t/a Trev's Auto v Crawdord Properties CC (AR421/2023)

Thamodran Gouden t/a Trev's Auto v Crawdord Properties CC (AR421/2023) [2024] ZAKZPHC 105 (20 September 2024)

The court refused condonation and an adjournment, held the appeal had lapsed, and ordered punitive costs after finding inadequate delay explanations.

  • Condonation
  • Lapsed Appeal
  • Adjournment
  • Costs Order
  • Magistrates Court Rules
  • Lapsed-appeal
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Civil Procedure [2024] ZAGPJHC 928

Lynx Investment (Pty) Ltd and Another v Picnoord Kitchen (Pty) Ltd and Another (Application for Leave to Appeal) (2024/052019)

Lynx Investment (Pty) Ltd and Another v Picnoord Kitchen (Pty) Ltd and Another (Application for Leave to Appeal) (2024/052019) [2024] ZAGPJHC 928 (18 September 2024)

The court found that the interim mandatory interdict reinstating the respondent was not appealable as it did not finally determine the rights of the parties nor dispose of substantial relief. The order was procedural, aimed at preserving or restoring the status quo pending the final determination of the parties' rights. The applicants' conduct in executing the judgment before the expiry of the period for noting an appeal deprived the respondents of the protection afforded by the suspension rule and amounted to interference with the administration of justice. The interests of justice did not d…

  • Interim Interdict
  • Stay Of Execution
  • Appealability Of Orders
  • Magistrates Court Rules
  • Suspension Of Judgment
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Civil Procedure [2024] ZANWHC 236

Spamer v Olivier (CIV APP MAG 34/2023)

Spamer v Olivier (CIV APP MAG 34/2023) [2024] ZANWHC 236 (11 September 2024)

The High Court dismissed an application for condonation in an appeal from summary judgment, finding inadequate explanation for delay and non-compliance.

  • Condonation
  • Summary Judgment
  • Magistrates Court Rules
  • Security For Appeal
  • Late Prosecution Of Appeal
  • Summary-judgment
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Civil Procedure [2024] ZAKZPHC 128

Halle v Downs and Another (AR111/23)

Halle v Downs and Another (AR111/23) [2024] ZAKZPHC 128 (30 August 2024)

The court held that the appellant failed to establish that the judgment was void ab origine or obtained by fraud or mistake common to the parties. The settlement agreement was properly recorded, and the requirements for judgment under rule 27(9) were met. The appellant was represented by counsel when judgment was granted, so it was not a default judgment. The appellant did not provide proof that the judgment debt, interest, and costs were paid in full, nor did she apply for condonation for late filing. The claims for collection commission above 10% were justified due to VAT, and while compoun…

  • Rescission Of Judgment
  • Magistrates Court Rules
  • Settlement Agreement Enforcement
  • Condonation
  • Compound Interest
  • Collection Commission
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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.