Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Wood v Miller and Another (2023/052464) [2025] ZAGPJHC 396 (22 April 2025)
The High Court referred a horse-ownership dispute to oral evidence after finding material factual disputes over ownership, estoppel, and a later promise to return the horse.
Africas Best Foods Pty Ltd v CISA Specialita Alimentari S.R.L (2021/26828) [2025] ZAGPJHC 390 (10 March 2025)
The court held that rule 11 does not permit the consolidation of actions and applications unless the application is first referred to trial and thereby converted into an action. The applicant did not provide sufficient grounds for the exercise of the court's inherent jurisdiction to consolidate the proceedings. The court found that the applicant's approach—bringing a separate interlocutory application for referral to trial—was unnecessary and caused delay, as such applications should generally be brought at the hearing of the main application and on notice without supporting affidavits. The a…
Source excerpt
Small Enterprise Finance Agency Soc Limited v Fumiel Transport and Projects (Pty) Ltd and Another (M281/2024) [2024] ZANWHC 228 (6 September 2024)
The High Court referred a vehicle-finance dispute to trial after finding factual issues on prescription, authority, and procedural compliance could not be resolved on affidavit.
S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024)
The court referred to oral evidence a dispute over whether the applicant had a prior customary marriage that would make his later civil marriage a nullity.
Mamadi and Another v Premier of Limpopo Province and Others (CCT 176/21) [2022] ZACC 26; 2023 (6) BCLR 733 (CC); 2024 (1) SA 1 (CC) (6 July 2022)
The Constitutional Court held that a review under rule 53 may not be dismissed solely because factual disputes were foreseeable; referral to trial was appropriate.
Canton Trading 17 (Pty) Ltd v Hattingh NO (1293/2018) [2019] ZAFSHC 250 (10 December 2019)
The court dismissed an appeal over referral of a construction dispute to arbitration, holding that the appellant’s denial of the agreement was not credible.
Ntantana v Mhlontlo Local Municipality and Another (3412/2017) [2018] ZAECMHC 13 (27 February 2018)
The court found that the dispute regarding whether the respondents were responsible for the demolition of the applicants' homes constituted exceptional circumstances warranting referral to oral evidence. The applicants' affidavits repeatedly alleged that municipal officials were present during the demolition, while the respondents denied any involvement. Given the constitutional implications and the inability to resolve the dispute of fact on the papers, the court ordered that the issue of responsibility for the demolition be determined by way of oral evidence. The court emphasized that Rule…
Source excerpt
Lomotek Polymers (Pty) Limited v Sheercorps CC t/a Pennells Tanks (72565/2012) [2014] ZAGPPHC 730 (22 August 2014)
The court found material disputes of fact about the debt secured by a notarial covering bond and referred the application to trial under Rule 6(5)(g).
Ntombizodwa v Moloto and Others (16110/13) [2014] ZAGPPHC 624 (18 August 2014)
The High Court referred an opposed motion to trial after finding it could not properly be decided on affidavit under rule 6(5)(g).
Mpulu and Another v Mokaba and Others (831/13) [2014] ZAECGHC 49 (29 May 2014)
The High Court dismissed an interdict and declaratory application arising from a church leadership schism, holding the disputes of fact were too pervasive for motion proceedings.
Explore more
