Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2023] ZAGPPHC 421

Jeanru Konstruksie (Pty) Ltd v Botes

Jeanru Konstruksie (Pty) Ltd v Botes [2023] ZAGPPHC 421; 2023 (6) SA 305 (GP) (30 May 2023)

The court found that Rule 49(13) is procedural in nature and validly promulgated under the Rules Board's powers, as the requirement for security for costs on appeal is sourced in the High Court's inherent and constitutional powers to regulate its own processes. The appellant failed to furnish the required security and did not obtain a release from the obligation from the court that granted leave to appeal. This failure rendered the prosecution of the appeal, specifically the obtaining of a hearing date, irregular. The argument that Rule 49(13) was ultra vires was rejected, as the source for t…

  • Security For Costs On Appeal
  • Rule 49 13 Interpretation
  • Procedural Irregularity
  • Ultra Vires Argument
Read case analysis

About this LexChat collection

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.