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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1223

Tshangela v Nombembe and Others (2023/010995)

Tshangela v Nombembe and Others (2023/010995) [2023] ZAGPJHC 1223 (26 October 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2023/010995
Judge
Goodman

Condonation for the late filing of the application for leave to appeal was granted due to the relatively short delay and the applicant's partial explanation, despite its inadequacy. The prejudice suffered by the respondent was acknowledged but did not outweigh the applicant's right to seek leave to appeal. On the merits, the court found that the eviction application was properly brought under section 4 of PIE after being struck from the roll as an urgent application under section 5. Proper service and notice were effected to both the applicant and the municipality, satisfying statutory requir…

Source excerpt

  • Eviction Proceedings
  • Condonation For Late Filing
  • Notice And Service
  • Dispute Of Fact
  • Referral To Oral Evidence
  • Costs Award
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Civil Procedure [2007] ZAFSHC 24

Von Schimper v Monastery Diamond Mining Corporation Ltd (551/2006)

Von Schimper v Monastery Diamond Mining Corporation Ltd (551/2006) [2007] ZAFSHC 24 (9 March 2007)

Court
Free State High Court, Bloemfontein
Case number
551/2006
Judge
C.J. Musi

The court held that the affidavits of the provisional liquidators were irrelevant to the proceedings before it, as the application for costs de bonis propriis was not against the company in liquidation but against individuals acting in a representative capacity. Section 359(1)(a) of the Companies Act only suspends proceedings against the company, not against its directors or attorneys personally. The court found that it had jurisdiction to make a costs order against Van Jaarsveld and STRB, regardless of their residence or business location, as the costs arose from litigation conducted before…

Source excerpt

  • Costs De Bonis Propriis
  • Company Liquidation
  • Jurisdiction Of Cost Orders
  • Interlocutory Applications
  • Representative Capacity
  • Notice And Service
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.