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South Africa Case Law

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Civil Procedure [2021] ZAECGHC 104

Maclean v Lentz and Others (2647/2020)

Maclean v Lentz and Others (2647/2020) [2021] ZAECGHC 104 (25 November 2021)

Court
Eastern Cape High Court, Grahamstown
Case number
2647/2020
Judge
M.J. Lowe

The court found that the applicant withdrew the application with the consent of the parties and did not tender costs. The respondents were entitled to their costs. The applicant's attempt to shift liability for costs to her former attorneys was not supported by the evidence. The termination of the attorneys' mandate did not equate to an instruction to withdraw the application, and the applicant was aware of the ongoing proceedings. While Mageza Mokoena Raffee Inc. failed to file a notice of withdrawal timeously, their conduct did not amount to gross negligence or exceptional circumstances war…

Source excerpt

  • Withdrawal Of Application
  • Costs De Bonis Propriis
  • Attorney Misconduct
  • Wasted Costs
  • Notice Of Withdrawal
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Civil Procedure [2015] ZAGPJHC 27

Isserie and Others v South African National Tuberculosis Association (A5059/2013)

Isserie and Others v South African National Tuberculosis Association (A5059/2013) [2015] ZAGPJHC 27 (18 February 2015)

Court
South Gauteng High Court, Johannesburg
Case number
A5059/2013
Judges
FHD Van Oosten, KM Satchwell, V Tlhapi

The court found that the default judgment was erroneously sought and granted because the trial judge was misled by incorrect information in the pre-trial affidavit and practice note, which stated that attempts had been made to locate and contact the appellants when in fact no such attempts occurred. Additionally, the notice of withdrawal of attorneys was defective and did not comply with rule 16(4)(c), further undermining the propriety of the proceedings. Had the true facts been disclosed, the trial judge would have had insuperable difficulties in granting the default judgment. Accordingly, t…

Source excerpt

  • Rescission Of Judgment
  • Default Judgment
  • Rule 42
  • Notice Of Withdrawal
  • Good Cause Requirement
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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.