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Reonet (Pty) Ltd t/a Reonet Utility v Rustenburg Local Municipality (CIVAPPFB13/22) [2023] ZANWHC 109 (20 July 2023)
The High Court upheld an appeal against a premature-action special plea and sent the matter back for trial before another judge.
K.C.M v Grobler Vorster Incorporated (1059/2012) [2014] ZANWHC 39 (11 September 2014)
The court found that the plaintiff's claim against the defendant for professional negligence is not premature. The plaintiff is entitled to elect her cause of action and pursue damages against the attorneys for breach of contract and professional negligence, without first applying to set aside the settlement agreement with the Road Accident Fund. There is no legal basis or exceptional circumstance warranting a stay or dismissal of the proceedings. The best interests of the minor child remain paramount, but the plaintiff's constitutional right to litigate and choose her remedy cannot be limite…
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