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South Africa decisions
Decisions matching the current search
A.K v R.N (D6036/2023) [2025] ZAKZDHC 15 (30 April 2025)
The High Court dismissed an application to separate divorce issues, holding the applicant had not shown the required convenience and that the respondent may be prejudiced.
TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024)
The High Court separated the divorce decree from ancillary disputes, allowing the divorce to proceed while accrual, trust, and maintenance issues continue later.
Secona Freight Logistics CC v Samie and Others (1074/2022) [2023] ZASCA 183 (22 December 2023)
The Supreme Court of Appeal held that the High Court's order dismissing the point in limine on locus standi was interlocutory and not appealable. The order did not possess the attributes of finality, definitiveness, or disposal of a substantial portion of the relief claimed as set out in Zweni. The matter was not res judicata, and the High Court could revisit the issue when the main application proceeded. The interests of justice did not warrant deviation from the established principles of appealability. The Court expressed disapproval of piecemeal appeals and the use of litigation tactics th…
Source excerpt
Kaxu Solar One (RF) (Proprietary) Limited v Santam Limited (1301/2020) [2023] ZAWCHC 268 (1 November 2023)
The High Court granted separation of issues under Rule 33(4), ordering prior determination of prescription and time-bar defences in an insurance dispute.
Nel v Merchant Commercial Finance (Pty) Ltd t/a M Factors (9733/2009) [2021] ZAGPPHC 587 (14 September 2021)
The High Court refused to separate the validity of a deed of pledge from the main action, finding the issues unclear and likely to cause delay and prejudice.
K.O (born H) v M.O (6912/2013) [2017] ZAWCHC 136 (21 November 2017)
The High Court granted separation of issues in a divorce action, ordering the decree of divorce to be determined first and staying the remaining issues.
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