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South Africa Case Law

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Land And Property [2020] ZAWCHC 91

Carstens v Squires and Another (4405/2019)

Carstens v Squires and Another (4405/2019) [2020] ZAWCHC 91 (24 August 2020)

Neighbour dispute over a retaining wall, tree roots and branches ended in a consent order, with the court ordering each side to bear its own costs.

  • Retaining Wall Dispute
  • Neighbour Law
  • Expert Evidence
  • Costs Order
  • Remedial Work
  • Tree Root Encroachment
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Civil Procedure [2016] ZAGPJHC 400

Ciolli Readymix (Pty) Ltd v PC Floors SA (Pty) Ltd (13491/16)

Ciolli Readymix (Pty) Ltd v PC Floors SA (Pty) Ltd (13491/16) [2016] ZAGPJHC 400 (24 June 2016)

Summary judgment was granted for payment for concrete supplied, because the defendant failed to show a bona fide defence based on alleged defects.

  • Summary Judgment
  • Goods Sold And Delivered
  • Contractual Defences
  • Counterclaim
  • Remedial Work
  • Summary-judgment
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Civil Procedure [2015] ZASCA 95

Thom v Ba-Plalaborwa Municipality (20236/14)

Thom v Ba-Plalaborwa Municipality (20236/14) [2015] ZASCA 95 (1 June 2015)

The Supreme Court of Appeal set aside a municipal access order, holding there was a genuine dispute of fact and that the appeal had become moot.

  • Mandamus
  • Dispute Of Facts
  • Access To Property
  • Remedial Work
  • Costs Award
  • Dispute-of-facts
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Land And Property [2015] ZAGPPHC 237

Micawber 526 (Pty) Ltd v City of Tshwane (A252/13)

Micawber 526 (Pty) Ltd v City of Tshwane (A252/13) [2015] ZAGPPHC 237 (27 March 2015)

The High Court upheld an appeal against absolution from the instance, holding that the respondent had to repair excavations caused during maintenance and pay the reasonable remedial costs.

  • Servitude Rights
  • Remedial Work
  • Absolution From Instance
  • Damages
  • Condonation
  • Municipal Permissions
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Commercial And Corporate [2011] ZASCA 115

Msc Depots (Pty) Ltd v WK Construction (Pty) Ltd and Another (157/10)

Msc Depots (Pty) Ltd v WK Construction (Pty) Ltd and Another (157/10) [2011] ZASCA 115 (8 June 2011)

The Supreme Court of Appeal dismissed an appeal over a construction contract dispute, holding the contractor had not shown a prima facie breach and could cancel for non-payment.

  • Breach Of Contract
  • Construction Law
  • Remedial Work
  • Contract Cancellation
  • Prima Facie Case
  • Breach-of-contract
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Civil Procedure [2010] ZAWCHC 214

Lawson v Schmidhauser Electrical CC (7596/2007)

Lawson v Schmidhauser Electrical CC (7596/2007) [2010] ZAWCHC 214; [2011] 2 All SA 565 (WCC) (9 November 2010)

The High Court granted separation of issues in a contract dispute, finding it would clarify the pleadings, narrow the evidence, and shorten the trial.

  • Separation Of Issues
  • Contract Cancellation
  • Mora
  • Remedial Work
  • Breach Of Contract
  • Separation-of-issues
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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.