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South Africa Case Law

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Civil Procedure [2019] ZAGPJHC 541

Juna Trading DMCC v We R the Stars Trading and Projects CC (A5034/2018)

Juna Trading DMCC v We R the Stars Trading and Projects CC (A5034/2018) [2019] ZAGPJHC 541 (10 June 2019)

The High Court held that Juna Trading DMCC had standing to sue, finding it was the same entity as Juna Trading JLT despite a suffix change.

  • Locus Standi
  • Oral Agency Agreement
  • Foreign Company Registration
  • Rule 14 Uniform Rules
  • Authentication Of Foreign Documents
  • Locus-standi
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Civil Procedure [2008] ZAFSHC 18

Nonxuba v Ramsamy (5008/07)

Nonxuba v Ramsamy (5008/07) [2008] ZAFSHC 18 (3 April 2008)

The court found that the applicant's Rule 14 notice was an irregular step, as the summary judgment application stayed all further procedural steps in the main action. There was no obligation on the respondent to reply to the notice until the summary judgment application was dismissed. The applicant's conduct in launching the application for compliance with the Rule 14 notice, despite being aware of the pending summary judgment, constituted a wilful and contemptuous disregard for the court's process and the Uniform Rules. The application was therefore misconceived and amounted to an abuse of p…

  • Rule 14 Uniform Rules
  • Punitive Costs
  • Irregular Step
  • Summary Judgment Stay
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Civil Procedure [2006] ZASCA 150

Burger v Rand Water Board and Another (392/05)

Burger v Rand Water Board and Another (392/05) [2006] ZASCA 150; 2007 (1) SA 30 (SCA) (20 September 2006)

The Supreme Court of Appeal held that Club Twelve could be cited under Rule 14, so its individual members did not need separate joinder.

  • Joinder Of Parties
  • Rule 14 Uniform Rules
  • Direct And Substantial Interest
  • Unincorporated Association
  • Exception Procedure
  • Joinder-of-parties
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Civil Procedure [2005] ZAFSHC 31

Club Twelve v Rand Water Board; Rand Water Board v Johannes and Another (161/2003)

Club Twelve v Rand Water Board; Rand Water Board v Johannes and Another (161/2003) [2005] ZAFSHC 31 (3 March 2005)

The court upheld an exception to a special plea of non-joinder, finding that joining unidentified club members was unnecessary and that the association’s joinder was sufficient.

  • Joinder Of Parties
  • Association Membership
  • Special Plea
  • Rule 14 Uniform Rules
  • Demolition Order
  • Joinder-of-parties
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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.