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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 483

Moneymorathoe v Body Corporate of Pontrailto (52676/2015)

Moneymorathoe v Body Corporate of Pontrailto (52676/2015) [2020] ZAGPPHC 483 (3 September 2020)

Court
North Gauteng High Court, Pretoria
Case number
52676/2015
Judge
E van der Schyff

The court found that the default judgment granted on 25 August 2015 included amounts for which judgment had previously been granted, as well as interest and untaxed legal costs related to those amounts. This constituted an error in the proceedings, rendering the judgment erroneously sought within the meaning of Rule 42. The respondent conceded these errors and requested the court to rescind only the portion of the judgment relating to the previously adjudicated amounts, interest, and costs. The court held that, in such circumstances, rescission should be granted without requiring the applican…

Source excerpt

  • Rescission Of Default Judgment
  • Uniform Rules Of Court Rule 31
  • Uniform Rules Of Court Rule 42
  • Plus Petitio
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Family And Children [2011] ZAGPJHC 176

M v M and Another (2011/12734)

M v M and Another (2011/12734) [2011] ZAGPJHC 176 (23 November 2011)

Court
South Gauteng High Court, Johannesburg
Case number
2011/12734
Judge
D R Scholtz

The court held that the plaintiff's maintenance claim under section 7(2) of the Divorce Act constitutes a single cause of action, even if it comprises several components. The respondent's objections, based on the inclusion of claims for lump sum payments and resettlement allowances, do not render the particulars of claim excipiable, as the principle in Dharumpal Transport allows for multiple claims arising from one cause of action. The court found that, even if certain prayers are not sustainable under section 7(2), they amount to a plus petitio and do not prejudice the respondent's ability t…

Source excerpt

  • Divorce Act Section 7
  • Maintenance Claims
  • Antenuptial Contracts
  • Amendment Of Pleadings
  • Plus Petitio
  • Exception To Pleadings
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.