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South Africa Case Law

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Family And Children [2024] ZAWCHC 162

S.K v R.K (6170/2023)

S.K v R.K (6170/2023) [2024] ZAWCHC 162 (6 May 2024)

The High Court dismissed jurisdictional and procedural objections to a Rule 43 application, holding it could hear interim relief while the divorce action remained pending.

  • Rule 43 Interim Relief
  • Jurisdiction Of High Court
  • Lis Pendens
  • Domicile
  • Mediation Rule 41a
  • Rule-43-interim-relief
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Land And Property [2023] ZAFSHC 426

Thulo v Madolo and Another (697/2023)

Thulo v Madolo and Another (697/2023) [2023] ZAFSHC 426 (31 October 2023)

High Court costs ruling on removal of an encroaching fence: respondents must pay removal costs, while each side bears its own litigation costs.

  • Encroachment
  • Costs Award
  • Removal Of Structures
  • Mediation Rule 41a
  • Property-law
  • Costs-order
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Civil Procedure [2022] ZAGPJHC 826

P v O (21264/2019)

P v O (21264/2019) [2022] ZAGPJHC 826 (30 September 2022)

The High Court dismissed a late rescission attack on a consent order, refused forced mediation under rule 41A, and granted separation of issues.

  • Rescission Of Judgment
  • Settlement Agreement
  • Separation Of Issues
  • Accrual System
  • Mediation Rule 41a
  • Rescission-of-judgment
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Constitutional Law [2021] ZAGPPHC 203

Koetsioe and Others v Minister of Defence and Military Veterans and Others (12096/2021)

Koetsioe and Others v Minister of Defence and Military Veterans and Others (12096/2021) [2021] ZAGPPHC 203 (6 April 2021)

The High Court held that military demolition of homes near Marievale without a court order was unlawful, and issued interdicts but postponed damages to Part B.

  • Eviction Without Court Order
  • Section 26 Rights
  • Spoliation
  • State Brutality
  • Urgent Interdict
  • Mediation Rule 41a
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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.