South Africa Case Law

Jonker and Others v The Land and Agricultural Development Bank of South Africa (2683/2020; 2685/2020; 2686/2020)

Jonker and Others v The Land and Agricultural Development Bank of South Africa (2683/2020; 2685/2020; 2686/2020) [2022] ZAFSHC 112 (9 May 2022)

Court

Free State High Court, Bloemfontein

Case number

2683/2020; 2685/2020; 2686/2020

Judge

C Reinders

The High Court partly granted consolidation of three suretyship actions, joining the personal claims but refusing to merge the trust action because its defence was distinct.

• Consolidation Of Actions
• Suretyship
• Trust Liability
• Uniform Rules
• Costs Award
• Consolidation-of-actions

MEC for Department of Health, Limpopo Province and Another v Sithole (1590/2017)

MEC for Department of Health, Limpopo Province and Another v Sithole (1590/2017) [2021] ZALMPPHC 32 (7 July 2021)

Court

Limpopo High Court, Polokwane

Case number

1590/2017

Judge

AML Phatudi

The High Court refused to set aside a notice of bar or condone a year-long delay in filing a plea, finding no good cause or merits-based explanation.

• Condonation
• Notice Of Bar
• Extension Of Time
• Employment Contract
• Uniform Rules
• Interest Of Justice

Trollip v Taxing Mistress of the High Court and Others (6091/2015)

Trollip v Taxing Mistress of the High Court and Others (6091/2015) [2018] ZAECGHC 59; 2018 (6) SA 292 (ECG) (31 July 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

6091/2015

Judges

C Plasket, JE Smith, MJ Lowe

The court found that the taxing mistress erred in reducing Mr Smuts SC's first day trial fee by half. There was no evidence that Mr Smuts performed other fee-generating appearance work on the day in question, and the inference drawn by the taxing mistress was based on an incorrect assumption regarding his presence at court. The court held that, in the absence of evidence to the contrary, advocates are presumed to act honestly and ethically, and are entitled to a full day trial fee when a matter is postponed or settled on the trial date. The guidelines relied upon by the taxing mistress were i…

Source excerpt

• Taxation Of Costs
• Counsel Fees
• Review Of Taxing Master
• Uniform Rules
• Indemnity Principle

Mohlamme and Others v Mohlamme and Others (70015/11)

Mohlamme and Others v Mohlamme and Others (70015/11) [2014] ZAGPPHC 46 (28 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

70015/11

Judge

KGANYAGO

The High Court refused condonation for a late rescission application, finding the applicants gave conflicting dates, no proper delay explanation, and no prospects of success.

• Rescission Of Judgment
• Condonation
• Default Judgment
• Uniform Rules
• Wills Act
• Rescission-of-judgment

Reunert Limited v Holdsworth and Others (16558/2013)

Reunert Limited v Holdsworth and Others (16558/2013) [2013] ZAGPPHC 513 (1 October 2013)

Court

North Gauteng High Court, Pretoria

Case number

16558/2013

Judge

Phatudi

The High Court dismissed condonation for a late answering affidavit, held notice to liquidators sufficient, and ordered substitution of liquidators for the insolvent company respondents.

• Condonation Of Late Filing
• Substitution In Liquidation
• Contempt Of Court Orders
• Uniform Rules
• Liquidator Notification
• Condonation-of-late-filing

Mangqo v MEC for Department of Social Development, Eastern Cape (563/2008)

Mangqo v MEC for Department of Social Development, Eastern Cape (563/2008) [2012] ZAECMHC 15 (11 October 2012)

Court

Eastern Cape High Court, Mthatha

Case number

563/2008

Judge

Sangoni JP

A counter-application to set aside a prior order for alleged fraud was dismissed because the fraud allegations were not proved with sufficient precision.

• Rescission Of Judgment
• Fraud In Civil Proceedings
• Uniform Rules
• Common Law Remedies
• Rescission-of-judgment
• Fraud-in-civil-proceedings

Mohammed Ebrahim t/a Mitchell's Plain Fish Wholesalers v Nexclo No 28 CC (15175/2008)

Mohammed Ebrahim t/a Mitchell's Plain Fish Wholesalers v Nexclo No 28 CC (15175/2008) [2010] ZAWCHC 500 (18 October 2010)

Court

Western Cape High Court, Cape Town

Case number

15175/2008

Judge

Fortuin

High Court rescinded summary judgment entered in the applicant’s absence, finding the order was erroneously granted under Rule 42(1)(a) and granting leave to oppose.

• Rescission Of Judgment
• Default Judgment
• Uniform Rules
• Absence Of Party
• Rescission-of-judgment
• Summary-judgment