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South Africa decisions
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Moose v W Van Der Schyff Attorneys (15982/2021) [2025] ZAWCHC 266 (23 June 2025)
The High Court held an attorney liable for allowing a Road Accident Fund claim to prescribe after being mandated to pursue it timeously.
Mamafha v TS Makhubela Incorporated and Another (8975/2021) [2025] ZAGPJHC 514 (29 May 2025)
The High Court dismissed a professional negligence claim after finding the plaintiff’s evidence about the accident was unreliable and inconsistent.
Edelstein Farber Grobler INC v Neumann (66161/2012) [2025] ZAGPPHC 335 (28 March 2025)
The High Court dismissed an application for leave to appeal in a professional negligence dispute, finding no reasonable prospect of success and awarding costs.
Speaker of Limpopo Provincial Legislature v Tooley (1691/2020) [2025] ZALMPPHC 30 (26 February 2025)
The High Court rescinded a default judgment after finding the applicant was not notified of trial and had a bona fide defence on gratuity entitlement.
Morabe v EP Sefatsa Attorneys (2018/40287) [2025] ZAGPJHC 81 (28 January 2025)
The court found that the plaintiff failed to provide a full and reasonable explanation for the delay in filing her application for leave to amend, as required by the rules and established case law. The explanation offered was incomplete, did not cover the entire period of delay, and was not scrupulously accurate. The plaintiff did not act with reasonable promptitude and failed to inform the defendant or the court of her inability to comply with the deadline. The court also found that the plaintiff did not adequately address or rebut the prejudice articulated by the defendant, who was deprived…
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Forty Squares (Pty) Ltd and Others v GL Palmer and Company (2023/110502) [2025] ZAGPJHC 37 (24 January 2025)
The High Court dismissed an exception to delictual claims against an auditor, holding the pleadings were sufficient to proceed to trial.
Mokalapa v Ramushu Mashile Twala Inc (83874/2015) [2025] ZAGPPHC 40 (20 January 2025)
The High Court dismissed a legal-negligence claim against attorneys over an RAF settlement, finding the plaintiff refused further assessment, knew the settlement was low, and the claim had prescribed.
Duthie v Cilliers and Associates (19275/2015 ; 19375/2015) [2024] ZAWCHC 400 (29 November 2024)
The High Court refused an amendment to a replication in a negligence claim, holding that it impermissibly introduced a new cause of action and would prejudice the respondent.
Dube Tradeport Corporation v SMEC South Africa Proprietary Limited (17213/2022P) [2024] ZAKZPHC 111 (26 November 2024)
The High Court dismissed an exception to particulars of claim in a contractual negligence dispute, finding the interpretation and prescription issues could not be decided on exception.
Ramontja v Legal Aid South Africa (2021/44369) [2024] ZAGPJHC 1222 (26 November 2024)
The High Court granted condonation for late notice against Legal Aid South Africa in a professional negligence claim arising from alleged failure to advise on appeal rights.
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