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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1110

Standard Bank Of South Africa Limited v Wilken NO and Others (2021/22884)

Standard Bank Of South Africa Limited v Wilken NO and Others (2021/22884) [2023] ZAGPJHC 1110 (1 February 2023)

The court granted trustees leave to challenge Standard Bank’s attorneys’ authority under rule 7(1), finding good cause for the late notice and inadequate proof of authority.

  • Authority Of Attorney
  • Rule 7 Uniform Rules
  • Condonation For Late Filing
  • Resolution Of Juristic Person
  • Proof Of Authority
  • Rule-7-1
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Banking And Finance [2021] ZAFSHC 124

Firstrand Bank Ltd v 39 Indaba Accommodation & Catering (Pty) Ltd (3062/2020)

Firstrand Bank Ltd v 39 Indaba Accommodation & Catering (Pty) Ltd (3062/2020) [2021] ZAFSHC 124 (17 May 2021)

The High Court authorised Firstrand Bank to perfect a notarial bond over the respondent’s livestock after finding valid authority, debt proof, and a sufficiently identifiable bond.

  • Notarial Bond Perfection
  • Certificate Of Balance
  • Proof Of Authority
  • Security By Means Of Movable Property Act
  • Notarial-bond-perfection
  • Certificate-of-balance
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Civil Procedure [2016] ZAGPJHC 320

Chris Hani Baragwanath Academic Hospital Board v Soul Food Services and Others (2016/2532)

Chris Hani Baragwanath Academic Hospital Board v Soul Food Services and Others (2016/2532) [2016] ZAGPJHC 320 (23 November 2016)

An eviction application was dismissed because the applicant failed to prove locus standi and authority for its chairperson to launch the case.

  • Locus Standi
  • Proof Of Authority
  • Eviction
  • Lease Agreement
  • Board Resolution
  • Locus-standi
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Commercial And Corporate [2016] ZAGPPHC 557

Thushang Construction CC v Greater Tubatse Municipality (9834/2003)

Thushang Construction CC v Greater Tubatse Municipality (9834/2003) [2016] ZAGPPHC 557 (4 May 2016)

High Court judgment awarding Thushanang Construction CC payment for work on a municipal sports facility project, including disputed phase 2 earthworks.

  • Construction Contracts
  • Quantum Meruit
  • Variation Of Contract
  • Proof Of Authority
  • Interest On Debt
  • Construction-contracts
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Commercial And Corporate [2016] ZANWHC 14

Mothuloe Attorneys v Microzone Project CC and Others (1684/2009)

Mothuloe Attorneys v Microzone Project CC and Others (1684/2009) [2016] ZANWHC 14 (21 April 2016)

The High Court dismissed an attorneys’ damages claim against the North West Housing Corporation and the MEC for failure to prove a valid contract, loss, and quantum.

  • Breach Of Contract
  • Agency
  • Quantum Of Damages
  • Proof Of Authority
  • Conveyancing Fees
  • Breach-of-contract
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Civil Procedure [2011] ZAECGHC 27

Corplo 358 Close Corporation v Charters (844/2011)

Corplo 358 Close Corporation v Charters (844/2011) [2011] ZAECGHC 27 (1 July 2011)

The court found that the applicant had established a prima facie case for provisional sequestration. The authority of Mr Wicks to institute proceedings was accepted, as the respondent's challenge was tactical and unsupported by evidence. The respondent's denial of personal liability was unconvincing, given the pattern of cashing multiple dishonoured cheques and the lack of credible explanation for the anticipated inflows of funds. The respondent failed to rebut the inference of insolvency, and the applicant was not required to provide a detailed list of creditors or assets. The prospect that…

  • Provisional Sequestration
  • Personal Liability Of Directors
  • Proof Of Authority
  • Advantage To Creditors
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Civil Procedure [2010] ZAECPEHC 64

Nedbank Ltd v Kruger (1896/2010)

Nedbank Ltd v Kruger (1896/2010) [2010] ZAECPEHC 64 (9 November 2010)

Summary judgment was granted to Nedbank in a credit-enforcement matter after the court found the defendant had not shown a bona fide defence.

  • Summary Judgment
  • National Credit Act
  • Debt Review Termination
  • Proof Of Authority
  • Notice Delivery
  • Summary-judgment
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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.