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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1081

TSI Communications CC v Omega M Projects (2022/13169)

TSI Communications CC v Omega M Projects (2022/13169) [2023] ZAGPJHC 1081 (27 September 2023)

The High Court dismissed an exception to particulars of claim in a partnership dispute, holding that the actio pro socio may be brought during the partnership.

  • Exception To Pleadings
  • Actio Pro Socio
  • Partnership Disputes
  • Cause Of Action
  • Profit Sharing
  • Vagueness And Embarrassment
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Civil Procedure [2022] ZAWCHC 143

Ellis v Eden; Eden v Ellis and Another (10604/2020)

Ellis v Eden; Eden v Ellis and Another (10604/2020) [2022] ZAWCHC 143 (28 July 2022)

The court dismissed leave to appeal against a rescission ruling, holding that delay and lack of frank disclosure remained fatal despite arguments on excipiability and partnership liability.

  • Rescission Of Judgment
  • Rule 42 1 A
  • Partnership Disputes
  • Excipiability
  • Delay In Application
  • Rescission-of-judgment
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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.