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South Africa Case Law

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Delict [2022] ZASCA 70

Luke M Tembani and Others v President of the Republic of South Africa and Another (167/2021)

Luke M Tembani and Others v President of the Republic of South Africa and Another (167/2021) [2022] ZASCA 70; 2023 (1) SA 432 (SCA) (20 May 2022)

Court
Supreme Court of Appeal
Case number
167/2021
Judges
Ponnan, Molemela, Musi, Meyer, Phatshoane

The Supreme Court of Appeal held that a novel delictual claim should not have been dismissed on exception and that the cross-appeal was not appealable.

  • Exception Procedure
  • Causation In Delict
  • Novel Delictual Claims
  • Bill Of Rights Limitation
  • Prescription
  • Development Of Common Law
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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.

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