South Africa Case Law

Kruger v Ithala Soc Ltd (19051/2023)

Kruger v Ithala Soc Ltd (19051/2023) [2024] ZAKZPHC 17 (14 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

19051/2023

Judge

Veerasamy AJ

The court found that the applicant failed to establish a factual basis for proceeding ex parte and urgently, as the founding affidavit did not set out specific facts justifying the absence of notice to the respondent. The applicant did not disclose material facts regarding the Pretoria order and the settlement discussions with the Prudential Authority, which were relevant to the scope of his powers and the relief sought. The absence of an in camera certificate was a fatal procedural defect, as required by the rules and confirmed in Three Cities Investments. The applicant did not make reasonab…

Source excerpt

• Ex Parte Orders
• Urgent Applications
• Banks Act Proceedings
• Material Nondisclosure
• In Camera Hearings

Monnakgotla v Rankgaka and Others (2022-43794)

Monnakgotla v Rankgaka and Others (2022-43794) [2023] ZAGPJHC 17 (16 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-43794

Judge

Bester

The High Court set aside an ex parte order after finding the applicant had withheld material facts and misrepresented the basis for interim relief.

• Ex Parte Orders
• Material Nondisclosure
• Close Corporation Disputes
• Costs Orders
• Ex-parte-orders
• Material-nondisclosure