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South Africa decisions
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Nogaga v Magistrate Mjali, District Court Magistrate, East London and Others (EL246/2024) [2024] ZAECELLC 5 (22 February 2024)
The court held the order was not granted ex parte, so Rule 6(8) could not be used to anticipate the return day. The urgent rescission application was removed from the roll.
WN Attorneys Incorporated v Victor N.O and Others (2023-079433) [2024] ZAGPPHC 74 (2 February 2024)
The court found that the applicant company, through its directors, retains residual powers to seek rescission of a provisional winding-up order under the common law or rule 42(1)(a), notwithstanding the provisions of section 354 of the Companies Act. The judge held that the learned Acting Judge erred by refusing to consider the applicant's condonation and striking out applications and by adjudicating the matter as if it were unopposed. This exclusion constituted a procedural irregularity, depriving the applicant of its right to be heard. Accordingly, the provisional winding-up order was grant…
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Phuluwa v Baloyi and Others (245/2009) [2017] ZALMPTHC 15 (30 June 2017)
The High Court dismissed a review application challenging a maintenance order, holding that the order was granted by consent and was not shown to be irregular.
Mbuyazi v Premier of the Province of KwaZulu-Natal and Others (2367/2010) [2017] ZAKZPHC 61 (10 May 2017)
High Court refused leave to appeal in a chieftainship and review dispute, holding that the deceased’s review claim was personal and no longer transmissible.
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