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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 158

Taole v Mothibe (42070/2018)

Taole v Mothibe (42070/2018) [2024] ZAGPPHC 158 (8 February 2024)

The High Court gave reasons for an interlocutory postponement order, confirming that the respondent’s late appearance justified postponement and wasted costs.

  • Postponement
  • Costs Order
  • Answering Affidavit
  • Motion Court Procedure
  • Civil-procedure
  • Costs-order
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Commercial And Corporate [2022] ZAGPJHC 117

Abrina 3765 (Pty) Ltd t/a BMW Sandton v Zascotime (Pty) Ltd (35714/2020)

Abrina 3765 (Pty) Ltd t/a BMW Sandton v Zascotime (Pty) Ltd (35714/2020) [2022] ZAGPJHC 117 (23 February 2022)

The High Court granted leave to appeal after finding some prospects that an appeal court could reach a different view on material non-disclosure and contract validity.

  • Contract Validity
  • Material Non Disclosure
  • Leave To Appeal
  • Motion Court Procedure
  • Leave-to-appeal
  • Material-non-disclosure
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Civil Procedure [2021] ZAFSHC 179

Callis N.O v York (3108/2021)

Callis N.O v York (3108/2021) [2021] ZAFSHC 179 (2 August 2021)

The court found that the applicant's procedural error in the notice regarding time frames was rectified prior to the hearing and communicated to the respondent. The respondent's insistence on proceeding with argument during the Unopposed Motion Court Roll constituted an ambush of both the applicant and the court, resulting in procedural unfairness. The applicant was caught off guard and not prepared for the respondent's prompt and unusual application. In the interests of justice and fairness, the matter was postponed to the Opposed Motion Court Roll to allow both parties adequate time to prep…

  • Motion Court Procedure
  • Postponement
  • Costs In The Cause
  • Unopposed Vs Opposed Roll
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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.