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South Africa decisions
Decisions matching the current search
C.L v N.V.V (A40/2023) [2023] ZAFSHC 416 (26 October 2023)
The High Court struck the appellant’s appeal from the roll for non-compliance with appellate rules, including security for costs, a power of attorney, and address requirements.
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…
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Allem Inc v Baard In re: Baard v Allem Incorporated (A5005/2021; 2016/44725) [2021] ZAGPJHC 677; [2022] 1 All SA 680 (GJ); 2022 (3) SA 207 (GJ) (12 August 2021)
The High Court declined to compel the respondent to furnish security for costs under Rule 49(13) because the Supreme Court of Appeal, which granted leave to appeal, did not order security and only that court has jurisdiction to do so. Rule 49(13) does not create an independent obligation in these circumstances, and the High Court cannot usurp the SCA's powers by compelling security. Even if jurisdiction existed, the applicant's delay and conduct, combined with the respondent's bona fide constitutional challenge and intention to proceed, do not justify compelling security at this late stage. T…
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TR Eagle Air (Pty) Ltd and Another v Thompson (A206/2018) [2020] ZAGPPHC 801 (13 November 2020)
The High Court struck an appeal off the roll for failure to comply with Rule 49(13)(a) on security for costs, despite hearing argument on the merits.
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