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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 481

Phaleng-Podile v Compeg Services (Pty) Ltd and Others (22/19883)

Phaleng-Podile v Compeg Services (Pty) Ltd and Others (22/19883) [2024] ZAGPJHC 481 (6 May 2024)

The High Court dismissed an application for leave to appeal, finding the grounds inadequately framed and no reasonable prospect of a different outcome.

  • Leave To Appeal Requirements
  • Body Corporate Resolutions
  • Supplementary Affidavit Admission
  • Duty Of Good Faith
  • Leave-to-appeal
  • Body-corporate-resolutions
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Civil Procedure [2024] ZAGPJHC 136

Da Cruz v Manzella and Others (42640/2021)

Da Cruz v Manzella and Others (42640/2021) [2024] ZAGPJHC 136 (16 February 2024)

The High Court granted leave to file a supplementary replying affidavit and ordered delivery of Solbel Properties CC’s accounting records, but declined to order a debate of accounts.

  • Supplementary Affidavit Admission
  • Debate Of Accounts
  • Access To Accounting Records
  • Close Corporation Member Rights
  • Costs Award
  • Supplementary-affidavit-admission
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Administrative Law [2018] ZAKZPHC 49

Afrisun KZN (Pty) Ltd t/a Sibaya Casino and Entertainment Kingdom v KwaZulu-Natal Gaming and Betting Board and Others (14370/2017P)

Afrisun KZN (Pty) Ltd t/a Sibaya Casino and Entertainment Kingdom v KwaZulu-Natal Gaming and Betting Board and Others (14370/2017P) [2018] ZAKZPHC 49 (5 October 2018)

The court refused a supplementary founding affidavit about later EBT licensing decisions and dismissed the main application for lack of a proper factual basis.

  • Supplementary Affidavit Admission
  • Public Participation Requirements
  • Interim Interdict
  • Declaratory Relief
  • Non Joinder
  • Costs Orders
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Land And Property [2017] ZAGPJHC 175

White Rock Property Trading (Pty) Limited v Khaka and Another (19602/16)

White Rock Property Trading (Pty) Limited v Khaka and Another (19602/16) [2017] ZAGPJHC 175 (7 June 2017)

The applicant was the registered owner of the property at the time of launching the second eviction application, establishing locus standi. The first respondent's occupation became unlawful upon transfer of ownership. The requirements of section 4 of the PIE Act were met, including proper service of notices. The supplementary affidavit was largely disallowed due to culpable remissness and lack of a proper explanation, except for paragraph 50 relating to personal circumstances. The court found no credible evidence that the first respondent would be rendered homeless or unable to secure alterna…

  • Prevention Of Illegal Eviction Act
  • Eviction Of Former Mortgagor
  • Locus Standi
  • Unlawful Occupation
  • Supplementary Affidavit Admission
  • Attorney Client Costs
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Intellectual Property [2016] ZAWCHC 104

Environ Skin Care (Pty) Ltd v National Pride Trading 31 CC t/a Touch of Skincare And Concept Skincare and Another (21137/14)

Environ Skin Care (Pty) Ltd v National Pride Trading 31 CC t/a Touch of Skincare And Concept Skincare and Another (21137/14) [2016] ZAWCHC 104 (22 August 2016)

The High Court refused late supplementary evidence and dismissed a final interdict application over alleged trade mark, passing-off and injurious falsehood claims.

  • Trade Mark Infringement
  • Passing Off
  • Injurious Falsehood
  • Supplementary Affidavit Admission
  • Motion Proceedings
  • Cross Examination In Motion
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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.