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South Africa Case Law

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Labour Law [2024] ZALCJHB 514

Rikhotso and Others v Bothongo and Others (Variation of Order) (JS243/23; JS215/23)

Rikhotso and Others v Bothongo and Others (Variation of Order) (JS243/23; JS215/23) [2024] ZALCJHB 514 (15 October 2024)

The Labour Court removed a default judgment matter from the roll after finding confusion about the correct parties and inconsistent pleadings across the file.

  • Default Judgment
  • Consolidation Of Cases
  • Party Identification
  • Removal From Roll
  • Default-judgment
  • Consolidation-of-cases
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Civil Procedure [2020] ZALMPTHC 8

Tshitshite and Bros Funeral Undertakers CC v Mudau and Others (290/19)

Tshitshite and Bros Funeral Undertakers CC v Mudau and Others (290/19) [2020] ZALMPTHC 8 (26 May 2020)

The court found that Tshitshite and Bros Funeral Undertakers CC and Tshitshite Funeral Undertakers are not the same legal entity. The applicant is a close corporation, while the first respondent in the main case is an ordinary proprietorship. There was no evidence of agreement or conduct that would justify treating them as the same party or holding the applicant liable for the costs order in the main case. The requirements for estoppel were not met, as there was no representation, reliance, or detriment proven. Accepting service of court papers does not amount to acceptance of liability. Cons…

  • Warrant Of Execution
  • Party Identification
  • Estoppel
  • Costs Order
  • Urgent Application
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