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South Africa decisions
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S v Thupuli (504/2021) [2022] ZAFSHC 67 (7 March 2022)
The court held that a combined summons was not defective for failing to state the signatory attorney’s right of appearance, and uplifted a notice of bar.
Municipal Manager, Fezile Dabi District Municipality v Olifant and Another (504/2021) [2022] ZAFSHC 46 (7 January 2022)
The High Court held that a combined summons is not defective merely because it does not show the signing attorney’s right of appearance, and uplifted the notice of bar.
Liberty Group Ltd v Singh and Another (9105/2011) [2012] ZAKZDHC 33; 2012 (5) SA 526 (KZD) (7 June 2012)
The court held that an attorney with a certificate of right of appearance issued by the Registrar of another division is entitled to appear and sign pleadings qua advocate in any division, but not qua attorney unless enrolled in that division. The procedural irregularity in the signing of the combined summons was condoned as no prejudice was shown. The broking agreement did not constitute a 'secured loan' under the National Credit Act, and thus compliance with Rule of Practice No. 28 was not required. The defendants failed to provide sufficient particulars to establish a bona fide defence, an…
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