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South Africa decisions
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Schmahl and Another v Special Investigating Unit (GP10/2020; LP10/2020) [2025] ZAST 2 (23 January 2025)
The Special Tribunal dismissed an application to join third parties in a damages matter, finding no proper basis for joinder and awarding costs against the applicants.
Amakhaza Moia (Pty) Ltd v Government Employees Pension Fund (2020/15023) [2024] ZAGPJHC 702 (22 July 2024)
The High Court held that a third party notice may be issued against a party already before court, and that an affidavit can serve as the notice under Rule 13.
E.M.V v C(...) (Pty) Ltd and Another (21010/2016) [2023] ZAGPJHC 619 (2 June 2023)
The court found that the defendant made out a case for joinder of Mr V as a third party after the close of pleadings. The Prescription Act does not bar the claim for contribution or indemnification at this stage, as the defendant does not have an independent claim for a debt against Mr V; the claim arises only if she is found liable to the plaintiff. The allegations in the third-party notice, if proven, would establish that all funds claimed from the defendant were withdrawn with Mr V's consent and for his benefit, thus disclosing a cause of action for contribution. The defendant provided a s…
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Smits v Member of the Executive Council: Police, Roads and Transport, FS (1657/2012) [2014] ZAFSHC 75 (12 June 2014)
The High Court dismissed a default-judgment application seeking to declare a third party solely liable to the plaintiff under Uniform Rule 13.
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