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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 300

Huge Networks (Pty) Ltd v Telemax (Pty) Ltd (A56/21; 89823/19)

Huge Networks (Pty) Ltd v Telemax (Pty) Ltd (A56/21; 89823/19) [2022] ZAGPPHC 300 (6 May 2022)

The High Court set aside a final order granted on an interim interdict application, holding the court a quo went beyond the relief sought. Costs were split 50/50.

  • Interim Interdict
  • Rule Nisi
  • Payment Plan Agreement
  • Ultra Vires Order
  • Mootness
  • Costs Award
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Civil Procedure [2017] ZAGPPHC 438

Firstrand Bank Limited v Brand NO and Another (A480/2016)

Firstrand Bank Limited v Brand NO and Another (A480/2016) [2017] ZAGPPHC 438 (29 June 2017)

The High Court found that the Magistrate misdirected himself by refusing condonation for late filing of the rescission application without considering the merits. The debt review order was ultra vires the National Credit Act, as the restructured payments were insufficient to satisfy the debt and did not even cover the accruing interest. The Magistrate failed to consider the invalidity of the order, which was raised in the founding affidavit and confirmed by subsequent case law. The interests of justice required that condonation be granted and the invalid order be set aside, as allowing an unl…

  • Debt Review
  • Condonation
  • Rescission Of Judgment
  • National Credit Act
  • Ultra Vires Order
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Criminal Law [2015] ZAFSHC 115

S v Cossa (96/2015)

S v Cossa (96/2015) [2015] ZAFSHC 115 (25 June 2015)

High Court review setting aside an unauthorized firearm unfitness order under the Firearms Control Act while confirming the fine imposed for illegal foreigner convictions.

  • Illegal Foreigner
  • Firearms Control Act
  • Sentencing
  • Ultra Vires Order
  • Criminal-law
  • Firearms-control
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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.