South Africa Case Law

C.R.E v M.E (2023/131897)

C.R.E v M.E (2023/131897) [2025] ZAGPJHC 716 (27 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/131897

Judge

du Plessis

The applicant failed to demonstrate a patent error or omission attributable to the court in the granting of the Rule 43 interim maintenance order. The forensic audit and financial evidence presented were available during the original proceedings and do not constitute grounds for variation under Rule 42(1)(b). The applicant did not establish a material change in circumstances as required by Rule 43(6), nor did he prove fraud or deliberate suppression of evidence by the respondent. The order reflects the court's true intention based on the evidence before it, and the principle of finality precl…

Source excerpt

• Interim Maintenance
• Variation Of Court Order
• Rule 43 Application
• Rule 42 Patent Error
• Rescission On Fraud

Litsoane v Road Accident Fund and Another (4962/2019)

Litsoane v Road Accident Fund and Another (4962/2019) [2023] ZAFSHC 359 (12 September 2023)

Court

Free State High Court, Bloemfontein

Case number

4962/2019

Judge

Berry

The High Court amended an order under Rule 42(1)(b) after finding a patent error in the banking details for settlement payment.

• Variation Of Court Order
• Rule 42 Patent Error
• Settlement Agreement Enforcement
• Civil-procedure
• Rule-42
• Variation-of-court-order

Ellison v Breytenbach N.O and Others (Amendment to Leave to appeal) (84994/2019)

Ellison v Breytenbach N.O and Others (Amendment to Leave to appeal) (84994/2019) [2022] ZAGPPHC 770 (14 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

84994/2019

Judge

Collis C

The High Court corrected a costs order made when leave to appeal was granted, amending it to read “costs in the appeal” under Rule 42(1)(b).

• Leave To Appeal
• Costs Award
• Rule 42 Patent Error
• Civil-procedure
• Leave-to-appeal
• Costs-orders