South Africa Case Law

Transnet Soc Limited T/A Transnet Freigth Rail v Tanker Services Fuel And Gas (Pty) Ltd (33982/2019)

Transnet Soc Limited T/A Transnet Freigth Rail v Tanker Services Fuel And Gas (Pty) Ltd (33982/2019) [2023] ZAGPJHC 199 (6 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

33982/2019

Judge

I Opperman

The High Court dismissed an interlocutory application to compel discovery and further particulars against a non-existent second defendant, reserving costs for trial.

• Discovery Affidavit
• Rule 14 Procedure
• Service Of Process
• Identity Of Owner
• Interlocutory Application
• Discovery

Ga-Segonyana Local Municipality v Sulliman (1219/2017)

Ga-Segonyana Local Municipality v Sulliman (1219/2017) [2018] ZANCHC 20 (16 March 2018)

Court

Northern Cape High Court, Kimberley

Case number

1219/2017

Judge

Williams

The High Court dismissed a sequestration application because judgment had been obtained against a firm, not the respondent personally, so no act of insolvency was shown.

• Sequestration
• Act Of Insolvency
• Rule 14 Procedure
• Attorneys Trust Account
• Act-of-insolvency
• Rule-14-procedure

Rustenburg United Local and Long Distane Taxi Association v Bafokeng Taxi Owners Association (1434/07)

Rustenburg United Local and Long Distane Taxi Association v Bafokeng Taxi Owners Association (1434/07) [2011] ZANWHC 32 (30 June 2011)

Court

North West High Court, Mafikeng

Case number

1434/07

Judge

R D Hendricks

The court held that, following the amendment to Rule 14, the respondent is entitled to seek execution against individual members of the applicant association for the satisfaction of the costs order, even after judgment has been granted. The previous limitation found in Jacobs v T J Daly & Sons (Pty) Ltd is no longer applicable, as the rule now expressly allows for notices to be delivered before or after judgment. The individuals were members of the applicant association during the relevant period and are therefore personally liable, jointly and severally, for the costs order and the costs of…

Source excerpt

• Rule 14 Procedure
• Personal Liability Of Members
• Costs Order Enforcement