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South Africa Case Law

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Civil Procedure [2023] ZAECMKHC 15

Dikome v Minister of Police (CA28/2022)

Dikome v Minister of Police (CA28/2022) [2023] ZAECMKHC 15 (7 February 2023)

Appeal against an inadequate damages award for unlawful arrest and detention. The High Court increased the general damages from R10,000 to R30,000.

  • Unlawful Arrest And Detention
  • Quantum Of General Damages
  • Deprivation Of Liberty
  • Dignity Invasion
  • Rule 34 Settlement Offer
  • Unlawful-arrest-and-detention
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Civil Procedure [2016] ZAGPPHC 920

Citha v Road Accident Fund (82352/2014)

Citha v Road Accident Fund (82352/2014) [2016] ZAGPPHC 920 (20 October 2016)

The court held that the Road Accident Fund validly withdrew a Rule 34 settlement offer before acceptance, where the offer had been made in genuine error.

  • Rule 34 Settlement Offer
  • Withdrawal Of Offer
  • Personal Injury
  • Apportionment Of Merits
  • Rule-34-settlement-offer
  • Withdrawal-of-offer
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Civil Procedure [2006] ZASCA 94

Naylor and Another v Jansen (508/05)

Naylor and Another v Jansen (508/05) [2006] ZASCA 94; [2006] SCA 92 (RSA); 2007 (1) SA 16 (SCA) (31 August 2006)

The Supreme Court of Appeal upheld a costs order in a defamation case, holding that the trial judge had properly exercised discretion despite the tender exceeding the damages awarded.

  • Defamation
  • Costs Discretion
  • Rule 34 Settlement Offer
  • Quantum Of Damages
  • Vindication Of Reputation
  • Costs-discretion
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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.