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South Africa decisions
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Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (Leave to Appeal) (098393/2023) [2025] ZAGPPHC 734 (24 July 2025)
The High Court refused leave to appeal, found no reasonable prospects of success, and varied a costs order to remove an incorrect reference to two counsel.
J.G.K v E.C.K (2025-006745) [2025] ZAGPPHC 79 (3 February 2025)
Urgent application to suspend a Magistrate’s Court maintenance-related order was struck from the roll for lack of urgency, with costs against the applicant.
B-Sure Africa Insurance Brokers (Pty) Ltd and Others v Dotsure Insurance Company Limited and Another (A2023/041879) [2024] ZAGPJHC 958 (24 September 2024)
The court held that, in the absence of a valid cross-appeal with leave, it does not have jurisdiction to grant substantive or alternative relief to the respondents. The Superior Courts Act, 10 of 2013, did not alter the common law position that an appeal court may not vary an order to the detriment of the appellant without a cross-appeal. The respondents failed to comply with the Uniform Rules of Court and did not seek leave to cross-appeal, nor did they apply for condonation for non-compliance. The authorities cited by the Supreme Court of Appeal are binding and confirm that both appeals and…
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B.L.D.S v G.N.M.J.S (2022-045185) [2024] ZAGPJHC 748 (13 August 2024)
The High Court dismissed a husband’s bid to rescind a Rule 43 maintenance order and rejected the wife’s contempt counterapplication for non-payment.
Lovius Block Incorporated v Makae and Others (1279/2021) [2021] ZAFSHC 230 (8 October 2021)
The third respondent, after granting a final order dismissing the rescission application with costs, was functus officio and lacked authority to alter the order except in cases of patent error, which was not present. The subsequent alteration of the order, made in chambers and in the absence of the applicant or its representatives, constituted a gross irregularity and prejudiced the applicant. The conduct of the third respondent and the attorney for the first and second respondents was improper and contrary to procedural fairness. The original order stands, and the altered order is set aside.…
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Mostert and Other v Nash and Others (56338/2019) [2021] ZAGPPHC 401 (11 June 2021)
The High Court held that an earlier costs order should be read as joint and several, and dismissed an application to escape liability after partial abandonment.
A.H v J.H and Another (A84/2019) [2020] ZAFSHC 74 (19 March 2020)
High Court review of a maintenance-court discharge order granted without evidence. The maintenance order was set aside, reinstated, and costs awarded.
M.F.I v N.I (A431/2017) [2018] ZAWCHC 65 (11 June 2018)
The appeal was dismissed because the maintenance court lacked jurisdiction to suspend and set aside a warrant of execution issued pursuant to a High Court maintenance order. The statutory powers of the maintenance court under section 27 of the Maintenance Act are limited to setting aside a warrant only if the maintenance order has been fully complied with, or suspending a warrant only in conjunction with issuing an emoluments attachment or garnishee order. The appellant failed to establish any factual basis for set-off or enrichment, and did not provide sufficient evidence regarding the respo…
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Slip Knot Investments 777 (Pty) Ltd v Martycel Properties CC and Another (55004/2012) [2017] ZAGPPHC 244 (26 May 2017)
The High Court held that an interim preservation order was interlocutory and not suspended by appeal under section 18 of the Superior Courts Act.
Martycel Properties CC v Slip Knot Investments 777 (Pty) Ltd; In re: Slip Knot Investments 777 (Pty) Ltd v Martycel Properties CC (55004/2012) [2016] ZAGPPHC 1214 (6 December 2016)
The court refused leave to appeal, holding that the interim order was not appealable and did not show irreparable harm or prospects of success.
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