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South Africa Case Law

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Civil Procedure [2025] ZALMPTHC 4

Muthaphuli Royal Family and Another v Muthaki Royal Family and Another (1064/2019)

Muthaphuli Royal Family and Another v Muthaki Royal Family and Another (1064/2019) [2025] ZALMPTHC 4 (10 March 2025)

Court
Limpopo High Court, Thohoyandou
Case number
1064/2019
Judge
Semenya

The court held that the order of Makhafola J, granted in 2019, remains binding and enforceable until it is set aside by a competent court sitting as a review or appeal court. Section 165(5) of the Constitution provides that court orders bind all persons and organs of state to whom they apply, regardless of their validity. The applicants' attempt to set aside the previous order in a motion court before a single judge is procedurally incorrect and cannot be granted. The proper process to challenge a court order is through appeal or review, not by direct application in a motion court. As none of…

Source excerpt

  • Setting Aside Court Order
  • Section 165 Constitution
  • Binding Effect Of Judgments
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Civil Procedure [2016] ZAKZDHC 57

Pillay N.O and Another v Reddy and Others (10717/15)

Pillay N.O and Another v Reddy and Others (10717/15) [2016] ZAKZDHC 57 (14 December 2016)

Court
Kwazulu-Natal High Court, Durban
Case number
10717/15
Judge
Mngadi

The applicants, as joint liquidators, sought to set aside a court order made on 5 February 2015 which had set aside the voluntary liquidation of the company. The court found that the applicants had locus standi due to their appointment as liquidators and their interest in the relief sought. However, the court held that it had no jurisdiction to review or set aside the decision of another court of equal status. The applicants had already pursued appeals and petitions to higher courts, which were unsuccessful. The principle of judicial hierarchy and certainty in law prevents a court from review…

Source excerpt

  • Locus Standi
  • Setting Aside Court Order
  • Voluntary Liquidation
  • Representation Of Company
  • Condonation Of Late Filing
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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.

Source links and collection timestamps are retained alongside the indexed records.