South Africa Case Law

Member of the Executive Council of the Department of Human Settlement Free State v Chiliza and Others (183/2023)

Member of the Executive Council of the Department of Human Settlement Free State v Chiliza and Others (183/2023) [2023] ZAFSHC 202 (23 May 2023)

Court

Free State High Court, Bloemfontein

Case number

183/2023

Judge

P R Cronjé

The High Court postponed an eviction application after finding service defects, including on the municipality, and set directions for further papers and service.

• Eviction Proceedings
• Service Of Process
• Returns Of Service
• Unlawful Occupation
• Notice Of Motion
• Eviction-proceedings

Khosa and Another (2996/2019), Ex parte

Khosa and Another (2996/2019), Ex parte [2019] ZAFSHC 140 (29 August 2019)

Court

Free State High Court, Bloemfontein

Case number

2996/2019

Judge

P.E. Molitsoane

The High Court struck an ex parte urgent application from the roll for failure to cite and notify affected departments, and barred similar proceedings without service.

• Ex Parte Applications
• Joinder Of Parties
• Notice Of Motion
• Urgent Interdicts
• Ex-parte-applications
• Joinder-of-parties

Ncwane v Ncwane NO and Others (12939/2015)

Ncwane v Ncwane NO and Others (12939/2015) [2016] ZAKZDHC 47 (11 November 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

12939/2015

Judge

Madondo

The High Court rescinded a 1996 default order over KwaMashu property, finding the applicant had not been properly notified and that material facts had been misrepresented.

• Rescission Of Judgment
• Default Judgment
• Acquisitive Prescription
• Notice Of Motion
• Fraud On The Court
• Rescission-of-judgment

South African Reserve Bank v Barit and Others (88570/2014)

South African Reserve Bank v Barit and Others (88570/2014) [2016] ZAGPPHC 950 (4 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

88570/2014

Judge

H.J Fabricius

The court found that the respondents and their associates held shares in the South African Reserve Bank in excess of the statutory limit of 10,000 shares as prescribed by the South African Reserve Bank Act. The respondents failed to present any substantive defence to the applicant's claim and did not comply with the relevant regulations. The opposition was found to be evasive and without merit. The applicant's claim was well-founded in law and based on objective facts. Accordingly, the court granted the orders sought in prayers 1, 2, and 3 of the notice of motion against respondents 1 to 11 a…

Source excerpt

• Shareholding Limits
• Statutory Compliance
• Corporate Governance
• Notice Of Motion
• Regulations To Reserve Bank Act

Cathay Pacic Airways Ltd and Another v Lin and Another, In re: Lin and Another v Minister of Home Affairs and Others (2014/22434)

Cathay Pacic Airways Ltd and Another v Lin and Another, In re: Lin and Another v Minister of Home Affairs and Others (2014/22434) [2015] ZAGPJHC 266 (11 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/22434

Judge

Spilg

Leave to appeal against contempt findings was refused. The court held that urgent relief can dispense with formalities and that telephonic communication may suffice.

• Urgent Application
• Contempt Of Court
• Service Of Process
• Notice Of Motion
• Judicial Discretion
• Contempt-of-court

Wright v Steyn and Others (35435/13)

Wright v Steyn and Others (35435/13) [2014] ZAGPPHC 338 (5 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

35435/13

Judge

C Pretorius

The High Court referred an opposed motion to trial because of numerous material disputes of fact and ordered the applicant to pay costs.

• Referral To Trial
• Disputes Of Fact
• Costs Order
• Notice Of Motion
• Uniform Rules Application
• Civil-procedure

Ndlovu v Unlawful Occupiers Erf 3200 (1739/2011)

Ndlovu v Unlawful Occupiers Erf 3200 (1739/2011) [2011] ZAGPJHC 60 (30 March 2011)

Court

South Gauteng High Court, Johannesburg

Case number

1739/2011

Judge

Willis

The High Court granted an eviction order after finding the occupiers had adequate notice and failed to file answering affidavits opposing the application.

• Eviction Proceedings
• Notice Of Motion
• Service Of Process
• Unlawful Occupation
• Eviction-proceedings
• Service-of-process

National Credit Regulator v Nedbank Limited and Others (19638/2008)

National Credit Regulator v Nedbank Limited and Others (19638/2008) [2010] ZAGPPHC 53 (7 July 2010)

Court

North Gauteng High Court, Pretoria

Case number

19638/2008

Judge

B.R. du Plessis

The High Court granted the National Credit Regulator leave to appeal to the Supreme Court of Appeal over its refusal to make the order sought in prayer 1.13.

• Leave To Appeal
• Notice Of Motion
• Costs Reservation
• Leave-to-appeal
• Civil-procedure
• Costs