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South Africa Case Law

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Civil Procedure [2022] ZAFSHC 67

S v Thupuli (504/2021)

S v Thupuli (504/2021) [2022] ZAFSHC 67 (7 March 2022)

The court held that a combined summons was not defective for failing to state the signatory attorney’s right of appearance, and uplifted a notice of bar.

  • Uniform Rule 18
  • Right Of Appearance Act
  • Irregular Step
  • Notice Of Bar
  • Condonation
  • Pleading Signature Requirements
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Civil Procedure [2022] ZAFSHC 46

Municipal Manager, Fezile Dabi District Municipality v Olifant and Another (504/2021)

Municipal Manager, Fezile Dabi District Municipality v Olifant and Another (504/2021) [2022] ZAFSHC 46 (7 January 2022)

The High Court held that a combined summons is not defective merely because it does not show the signing attorney’s right of appearance, and uplifted the notice of bar.

  • Uniform Rule 18
  • Right Of Appearance Act
  • Irregular Steps
  • Notice Of Bar
  • Pleading Signature Requirements
  • Civil-procedure
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Civil Procedure [2020] ZANCHC 87

Quill Associates (Pty) Limited v Dawid Kruiper Local Municipality (209/2020)

Quill Associates (Pty) Limited v Dawid Kruiper Local Municipality (209/2020) [2020] ZANCHC 87 (20 November 2020)

The court dismissed a Rule 30 application challenging the signing of a plea and conditional counterclaim, finding no prejudice and no irregularity warranting relief.

  • Uniform Rules Of Court Rule 18
  • Uniform Rules Of Court Rule 30
  • Right Of Appearance In High Court
  • Pleading Signature Requirements
  • Civil-procedure
  • Uniform-rules-rule-18
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Civil Procedure [2011] ZAWCHC 212

BMW Financial Services (SA) (Pty) Ltd v Wikus Muller Rental CC (1792/11, 1793/11)

BMW Financial Services (SA) (Pty) Ltd v Wikus Muller Rental CC (1792/11, 1793/11) [2011] ZAWCHC 212 (4 May 2011)

The High Court refused summary judgment because the particulars of claim were irregularly signed and did not comply with rule 18 and section 4(2) requirements.

  • Summary Judgment
  • Irregular Step
  • Right Of Appearance
  • Pleading Signature Requirements
  • Summary-judgment
  • Irregular-step
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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.