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South Africa Case Law

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Family And Children [2024] ZAGPPHC 437

M. v Haywood N.O and Others (15781/15)

M. v Haywood N.O and Others (15781/15) [2024] ZAGPPHC 437 (29 April 2024)

The High Court confirmed a rule nisi, allowing re-enrolment of divorce-related claims and maintenance enforcement, including deductions from a retirement annuity.

  • Maintenance Order Enforcement
  • Sequestration
  • Arbitration Award Nullity
  • Pension Fund Deduction
  • Rule Nisi Procedure
  • Costs Order
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Land And Property [2021] ZAGPPHC 658

Sinbu Industrial Properties (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (2019/76101)

Sinbu Industrial Properties (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (2019/76101) [2021] ZAGPPHC 658 (8 September 2021)

The High Court allowed an application to amend a public right-of-way servitude over property in Pretoria and held the municipal ordinance was not triggered.

  • Public Servitude Amendment
  • Municipal Planning
  • Right Of Way
  • Local Government Ordinance
  • Provincial Roads
  • Rule Nisi Procedure
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Civil Procedure [2018] ZAGPJHC 657

Nkala and Others (2018/44060), Ex parte

Nkala and Others (2018/44060), Ex parte [2018] ZAGPJHC 657 (13 December 2018)

The High Court certified four settlement classes in the Nkala class action, appointed class representatives and lawyers, and issued a rule nisi on the settlement agreement.

  • Class Action Certification
  • Settlement Agreement Approval
  • Silicosis Claims
  • Tuberculosis Claims
  • Rule Nisi Procedure
  • Class-action-certification
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Civil Procedure [2013] ZAWCHC 176

Arvum Exports (Pty) Ltd and Others v Costa NO (18979/2013)

Arvum Exports (Pty) Ltd and Others v Costa NO (18979/2013) [2013] ZAWCHC 176 (20 November 2013)

The court held that the applicants' contempt application was procedurally defective, as it did not comply with the requirements for urgent applications under the Uniform Rules and Practice Notes. The use of a rule nisi and the involvement of the court for directions were unnecessary, given that no interim relief was sought and the urgency was not objectively justified. The proper procedure would have been to set their own timetable, allowing the respondents reasonable time to answer, and to enrol the matter on the semi-urgent roll. The court found that the applicants' approach imposed unwarra…

  • Contempt Of Court
  • Rule Nisi Procedure
  • Urgent Applications
  • Practice Note 34
  • Form 2a Compliance
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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.