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South Africa Case Law

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Civil Procedure [2022] ZAGPJHC 317

Chess South Africa and Others v Chess South Africa and Others (A5067/2019)

Chess South Africa and Others v Chess South Africa and Others (A5067/2019) [2022] ZAGPJHC 317 (10 May 2022)

The Court found that the respondents were not absent in the sense required by Rule 6(12)(c) because they had received notice of the application and the relief sought was explicit and could be anticipated. Their decision not to oppose or attend the hearing, despite logistical and financial constraints, did not entitle them to rescission of the order. The Siwendu J order was properly implemented, the AGM and elections were valid, and the respondents' exclusion was a consequence of their failure to regularise their standing as required by the Chess SA report and the court order. The Court below…

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Civil Procedure [2022] ZAGPJHC 87

Chess South Africa and Others v Chess South Africa and Others (A5067/2019)

Chess South Africa and Others v Chess South Africa and Others (A5067/2019) [2022] ZAGPJHC 87 (16 February 2022)

The court found that the respondents were not absent in the sense required by Rule 6(12)(c), as they had received notice of the application and the relief sought, including the exclusion from the AGM. Their decision not to oppose, despite logistical and financial difficulties, did not render the order erroneously granted or justify rescission. The Siwendu J order was properly foreshadowed in the amended Notice of Motion and Supplementary Affidavit, and the AGM and elections were conducted in accordance with the Chess SA constitution and the court's directives. The respondents' exclusion was a…

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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.