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South Africa Case Law

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Delict [2024] ZAGPPHC 622

Monareng v Majories Trading Enterprise CC (A34/2022)

Monareng v Majories Trading Enterprise CC (A34/2022) [2024] ZAGPPHC 622; 2025 (3) SA 574 (GP) (18 June 2024)

The High Court dismissed an appeal over a shooting incident, holding that necessity was properly raised and proved on the evidence.

  • Necessity Defence
  • Personal Injury
  • Credibility Assessment
  • Damages
  • Pleading And Proof
  • Necessity-defence
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Land And Property [2021] ZAGPJHC 22

Trollip v Davis and Another (A3022/2019)

Trollip v Davis and Another (A3022/2019) [2021] ZAGPJHC 22 (4 March 2021)

Appeal from an eviction order under PIE. The High Court found the respondents had not properly pleaded and proved that eviction was just and equitable.

  • Prevention Of Illegal Eviction Act
  • Just And Equitable Eviction
  • Onus Of Proof In Motion Proceedings
  • Constitutional Right To Housing
  • Pleading And Proof
  • Role Of Court In Eviction
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Civil Procedure [2017] ZAGPJHC 118

Mzondeki v Moraka (A3070/2016)

Mzondeki v Moraka (A3070/2016) [2017] ZAGPJHC 118 (28 February 2017)

The High Court upheld an appeal, enforced a suretyship for R300,000, rejected a ‘co-creditor’ defence, and awarded attorney-and-client costs.

  • Suretyship
  • Money Judgment
  • Attorney And Client Costs
  • Jurisdiction
  • Pleading And Proof
  • Costs
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Delict [2013] ZAFSHC 2

Botha v Road Accident Fund (5393/09)

Botha v Road Accident Fund (5393/09) [2013] ZAFSHC 2 (31 January 2013)

The court found the Road Accident Fund liable for a road collision after holding that the insured driver crossed into the plaintiff’s lane and that contributory negligence was not proved.

  • Road Accident Liability
  • Negligence
  • Contributory Negligence
  • Pleading And Proof
  • Separation Of Issues
  • Road-accident-liability
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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.