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South Africa Case Law

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Civil Procedure [2022] ZAFSHC 282

Minister of Police v Kukare (A73/2022)

Minister of Police v Kukare (A73/2022) [2022] ZAFSHC 282 (6 October 2022)

The High Court upheld an appeal against refusal of rescission, finding the default judgment was granted without proper notice and had to be set aside.

  • Default Judgment
  • Rescission Of Judgment
  • Magistrates Court Rules
  • Proper Service
  • Unliquidated Claims
  • Rescission-of-judgment
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Civil Procedure [2019] ZAWCHC 48

Pio v Essel NO and Others (15353/18)

Pio v Essel NO and Others (15353/18) [2019] ZAWCHC 48 (3 May 2019)

The High Court set aside a decision admitting an unliquidated claim at a creditors’ meeting, holding that section 44 did not authorize admission of such a claim.

  • Insolvency Act Section 44
  • Proof Of Claims
  • Unliquidated Claims
  • Administrative Action
  • Legality Review
  • Insolvency-law
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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.