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Civil Procedure [2008] ZAGPHC 429

Khoza and Others v Body Corporate Ella Court (07/22463)

Khoza and Others v Body Corporate Ella Court (07/22463) [2008] ZAGPHC 429; 2014 (2) SA 112 (GSJ) (13 October 2008)

The court held that Rule 49(11) is a procedural rule, not a substantive rule of law. The previous decision in United Reflective Converters (Pty) Ltd v Levine, which held that Rule 49(11) does not suspend orders pending rescission applications, was found to be clearly wrong. The court reasoned that both at common law and under the Uniform Rules, the institution of a rescission application suspends the operation and execution of the order in question. This interpretation is necessary to prevent irreparable prejudice to applicants seeking rescission, aligning with the rationale for suspending or…

  • Rule 49 11 Uniform Rules
  • Suspension Of Order
  • Rescission Application
  • Stare Decisis
  • Common Law Development
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