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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 100

Mpambaniso v Davison and Another (Leave to Appeal) (39127/2018)

Mpambaniso v Davison and Another (Leave to Appeal) (39127/2018) [2022] ZAGPPHC 100 (23 February 2022)

The High Court dismissed leave to appeal, finding the applicant had abandoned his alternative claim and showed no reasonable prospect of success.

  • Leave To Appeal
  • Abandonment Of Claim
  • Waiver By Conduct
  • Leave-to-appeal
  • Abandonment-of-claim
  • Waiver-by-conduct
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Labour Law [2013] ZALCJHB 124

Khumalo v MSCP Transport CC (JS 988/2011)

Khumalo v MSCP Transport CC (JS 988/2011) [2013] ZALCJHB 124 (14 June 2013)

The Labour Court allowed an amendment to add automatically unfair dismissal, finding no proved waiver by conduct and no bar from the pre-trial minute.

  • Amendment Of Pleadings
  • Waiver By Conduct
  • Automatically Unfair Dismissal
  • Pre Trial Minutes
  • Jurisdiction Of Labour Court
  • Amendment-of-pleadings
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Civil Procedure [2008] ZAFSHC 25

Khomo v Khomo (1133/2008)

Khomo v Khomo (1133/2008) [2008] ZAFSHC 25 (8 May 2008)

The court found that the applicant and respondent, married in community of property, were joint possessors of the Toyota Hilux vehicle. The respondent removed the vehicle without the applicant's consent, constituting spoliation. However, the applicant delayed approximately two months before seeking spoliatory relief, during which time he continued to use another vehicle and made no attempt to recover the Toyota Hilux. The court held that the applicant's conduct following the dispossession amounted to a tacit waiver of his right to claim spoliatory relief. The delay was interpreted as acquiesc…

  • Mandament Van Spolie
  • Joint Possession
  • Waiver By Conduct
  • Community Of Property
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Administrative Law [2005] ZANCHC 105

Van Rensburg N.O and Others v Master of the High Court, Kimberly Northern Cape Province and Another (448/04)

Van Rensburg N.O and Others v Master of the High Court, Kimberly Northern Cape Province and Another (448/04) [2005] ZANCHC 105 (21 October 2005)

The High Court dismissed a late review of the Master’s directions, finding no sufficient explanation for the delay and no adiation by the insolvent.

  • Insolvency Act Section 111
  • Condonation Of Delay
  • Adiation And Repudiation
  • Promotion Of Administrative Justice Act
  • Waiver By Conduct
  • Adiation-and-repudiation
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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.