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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 1021

Prowalco (PTY) Limited v Venter and Others (43483/2020)

Prowalco (PTY) Limited v Venter and Others (43483/2020) [2022] ZAGPPHC 1021 (28 November 2022)

The High Court dismissed an exception to particulars of claim in a corporate dispute, holding the pleadings sufficient for both a damages claim and a section 162 delinquency claim.

  • Exception Procedure
  • Delinquency Claim
  • Fiduciary Duties
  • Prescribed Officer Liability
  • Particularity Of Pleadings
  • Damages Calculation
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Civil Procedure [2009] ZAWCHC 26

McQuillen v Visagie NO and Others (20867/07)

McQuillen v Visagie NO and Others (20867/07) [2009] ZAWCHC 26 (16 March 2009)

The High Court refused summary judgment in a loan claim, finding the summons lacked sufficient particularity and the plaintiff had not clearly established locus standi or interest terms.

  • Summary Judgment
  • Monies Lent And Advanced
  • Locus Standi
  • Particularity Of Pleadings
  • Summary-judgment
  • Locus-standi
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Competition Law [2001] ZACT 10

Ansac and Another v Botash and Others (1)

Ansac and Another v Botash and Others (1) [2001] ZACT 10 (27 March 2001)

The Competition Tribunal dismissed Ansac’s jurisdictional and particularity objections, allowed amendments, and held section 4(1)(b) does not permit an efficiency defence.

  • Complaint Referral Procedure
  • Jurisdictional Preconditions
  • Retrospectivity
  • Particularity Of Pleadings
  • Efficiency Defence
  • Section 4 1 B Interpretation
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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.