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South Africa Case Law

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Civil Procedure [2019] ZAWCHC 189

Homechoice v Lewis Stores (Pty) Limited (17166/2018)

Homechoice v Lewis Stores (Pty) Limited (17166/2018) [2019] ZAWCHC 189; 2022 BIP 506 (WCC) (25 March 2019)

The court found that the respondent's affidavits and copyright assignment agreements, except for Prajapati's affidavit, were not properly authenticated in accordance with Rule 63 and could not be used as evidence in South African courts. The respondent failed to provide sufficient explanation or evidence to supplement non-compliance with the authentication requirements. The applicant was entitled to have the impugned documents struck out as irregular steps under Rules 30 and 30A, and the respondent was afforded an opportunity to deliver properly authenticated documents within 30 days. Regardi…

  • Authentication Of Documents
  • Copyright Assignment
  • Motion Proceedings Discovery
  • Striking Out Irregular Steps
  • Commissioners Of Oaths
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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.