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South Africa Case Law

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Civil Procedure [2024] ZAECMHC 83

Minister of Police v Ngoyo (Leave to Appeal) (5341/2018)

Minister of Police v Ngoyo (Leave to Appeal) (5341/2018) [2024] ZAECMHC 83 (5 November 2024)

The High Court dismissed condonation and leave to appeal, finding a 14-month unexplained delay, peremption through acquiescence, and negligible prospects of success.

  • Condonation For Late Filing
  • Peremption Of Appeal Right
  • Prescription Of Claim
  • Institution Of Legal Proceedings Against Organs Of State
  • Condonation
  • Leave-to-appeal
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Civil Procedure [2020] ZAKZDHC 50

LT Real Estate CC t/a Maxprop Tongaat v Venketsamy (AR42/2018)

LT Real Estate CC t/a Maxprop Tongaat v Venketsamy (AR42/2018) [2020] ZAKZDHC 50 (9 October 2020)

The court found that the appellant had failed to comply with multiple procedural requirements for prosecuting the appeal, including late delivery of the notice of appeal, failure to apply for a hearing date within the prescribed period, and late delivery of the appeal record. The explanation for the delay was inadequate, lacking detail and failing to cover the entire period. The appellant's conduct, including the offer to pay taxed costs after judgment, was inconsistent with an intention to appeal and amounted to peremption of the right to appeal. The application for condonation was not suppo…

  • Condonation For Late Appeal
  • Peremption Of Appeal Right
  • Estate Agent Commission
  • Effective Cause Of Sale
  • Magistrates Court Rules
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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.