South Africa Case Law

N[...] v N[...] (A120/2024)

N[...] v N[...] (A120/2024) [2025] ZAFSHC 160 (4 June 2025)

Court

Free State High Court, Bloemfontein

Case number

A120/2024

Judges

Daffue, Daniso

The appeal court found that the trial court correctly evaluated the evidence and credibility of the parties. The appellant failed to prove on a balance of probabilities that the respondent assaulted him or maliciously instituted proceedings against him. The appellant's version was improbable and motivated by financial interests, while the respondent's actions were bona fide and aimed at ensuring her safety. The trial court's findings were supported by the record, and there was no misdirection warranting interference. The requirements for malicious proceedings were not met, and the appellant's…

Source excerpt

• Assault
• Malicious Institution Of Proceedings
• Onus Of Proof
• Mutually Destructive Versions
• Self Defence
• Damages For Pain And Suffering

Mokone v Investec Bank Limited (41469/2012)

Mokone v Investec Bank Limited (41469/2012) [2014] ZAGPPHC 143 (26 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

41469/2012

Judge

Tlhapi V.V

The High Court dismissed an exception to a plea, finding the complaint was really about a vague and embarrassing pleading and that Rule 23 notice had not been given.

• Exception Procedure
• Vague And Embarrassing Pleadings
• Malicious Institution Of Proceedings
• Exception-procedure
• Vague-and-embarrassing-pleadings
• Civil-procedure