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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 [2024] ZAECMKHC 76

Manziya v Member of the Executive Council Department of Health Eastern Cape and Another (950/2012)

Manziya v Member of the Executive Council Department of Health Eastern Cape and Another (950/2012) [2024] ZAECMKHC 76 (9 July 2024)

The High Court granted the defendants leave to appeal after dismissing special pleas and finding the plaintiff’s evidence on medical negligence sufficient for trial purposes.

  • Leave To Appeal
  • Medical Negligence
  • Special Plea
  • Amendment Of Particulars
  • Prescription Of Claim
  • Leave-to-appeal
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Labour Law [2023] ZASCA 55

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Others (65/2022)

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Others (65/2022) [2023] ZASCA 55; [2023] 7 BLLR 626 (SCA); (2023) 44 ILJ 1479 (SCA) (20 April 2023)

The SCA held that the settlement agreement amounted to re-employment, not reinstatement, and rejected issue estoppel. The appeal for arrear pension contributions was dismissed.

  • Pension Fund Contributions
  • Reinstatement Vs Re Employment
  • Issue Estoppel
  • Prescription Of Claim
  • Interpretation Of Settlement Agreements
  • Reinstatement-vs-re-employment
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Civil Procedure [2020] ZAGPPHC 643

Mineral Loy (Pty) Ltd v Highveld Steel & Vanadium Corporation Ltd Steel and Vanadium Limited and Another (34321/10)

Mineral Loy (Pty) Ltd v Highveld Steel & Vanadium Corporation Ltd Steel and Vanadium Limited and Another (34321/10) [2020] ZAGPPHC 643 (30 October 2020)

The High Court granted Mineral-Loy leave to appeal to the Full Court, finding reasonable prospects of success but no basis to send the matter to the Supreme Court of Appeal.

  • Leave To Appeal
  • Prospects Of Success
  • Costs Order
  • Prescription Of Claim
  • Leave-to-appeal
  • Reasonable-prospects-of-success
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Civil Procedure [2016] ZAWCHC 25

Wallace and Others v WCP Hotel Property (Pty) Ltd (20159/2015)

Wallace and Others v WCP Hotel Property (Pty) Ltd (20159/2015) [2016] ZAWCHC 25 (8 March 2016)

The High Court granted provisional liquidation after finding the respondent failed to show a bona fide, reasonable dispute of the debt and that prescription had not run.

  • Provisional Liquidation
  • Bona Fide Dispute Of Debt
  • Prescription Of Claim
  • Abuse Of Process
  • Joint Venture Liabilities
  • Provisional-liquidation
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