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South Africa Case Law

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Civil Procedure [2021] ZAGPPHC 853

Naidoo v Hesslewood and Another (A243/2018)

Naidoo v Hesslewood and Another (A243/2018) [2021] ZAGPPHC 853 (17 November 2021)

The High Court refused condonation for late filing of the appeal record and late security for costs, and dismissed reinstatement of the lapsed appeal with punitive costs.

  • Condonation
  • Reinstatement Of Appeal
  • Security For Costs
  • Punitive Costs
  • Share Purchase Agreement
  • Appeal-reinstatement
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Civil Procedure [2021] ZAGPPHC 783

Naidoo v Hesslewood and Another (A243/2018)

Naidoo v Hesslewood and Another (A243/2018) [2021] ZAGPPHC 783 (17 November 2021)

The High Court dismissed condonation and reinstatement applications after an appeal lapsed for late filing of the record and failure to set security for costs.

  • Condonation
  • Reinstatement Of Appeal
  • Security For Costs
  • Punitive Costs Order
  • Share Purchase Agreement
  • Reinstatement-of-appeal
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Civil Procedure [2021] ZAGPPHC 538

Ngale and Another v Fledge Capital (Proprietary) Limited and Another (46383/2020)

Ngale and Another v Fledge Capital (Proprietary) Limited and Another (46383/2020) [2021] ZAGPPHC 538 (19 August 2021)

The High Court upheld an exception because the particulars of claim did not disclose a cause of action against the second defendant and omitted a key contractual averment.

  • Exception To Particulars Of Claim
  • Cause Of Action
  • Share Purchase Agreement
  • Pleading Requirements
  • Exception-to-particulars-of-claim
  • Cause-of-action
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Civil Procedure [2021] ZAWCHC 141

Origin Global Holdings Ltd v Acorn Agri (Pty) Ltd and Others (10317/2019)

Origin Global Holdings Ltd v Acorn Agri (Pty) Ltd and Others (10317/2019) [2021] ZAWCHC 141 (30 July 2021)

The High Court upheld an exception, holding the share purchase agreement did not make the first defendant co-liable for fruit supply obligations.

  • Exception To Particulars Of Claim
  • Contract Interpretation
  • Tacit Terms
  • Stipulatio Alteri
  • Share Purchase Agreement
  • Exception-to-particulars-of-claim
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Civil Procedure [2021] ZAGPPHC 431

Tung-Cheng Wu v Spence (8184/2018)

Tung-Cheng Wu v Spence (8184/2018) [2021] ZAGPPHC 431 (18 June 2021)

The High Court ordered discovery under Rule 35(3), finding the requested documents relevant to whether the plaintiff had competed with Soviet through Denim HQ.

  • Discovery Of Documents
  • Breach Of Contract
  • Share Purchase Agreement
  • Rule 35 Application
  • Discovery-of-documents
  • Rule-35-3
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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.