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South Africa Case Law

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Civil Procedure [2022] ZAECELLC 7

Abrahams and Another v Abrahams and Another (570/2021)

Abrahams and Another v Abrahams and Another (570/2021) [2022] ZAECELLC 7 (1 March 2022)

The court granted leave to file further affidavits and to subpoena a witness in an opposed interlocutory application concerning a disputed will.

  • Motion Proceedings
  • Filing Of Further Affidavits
  • Subpoena Of Witness
  • Will Dispute
  • Domestic Violence Affidavit Contradiction
  • Motion-proceedings
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Civil Procedure [2017] ZAECGHC 10

Gower and Another v Tol and Others (4236/2014)

Gower and Another v Tol and Others (4236/2014) [2017] ZAECGHC 10 (1 February 2017)

The court held that costs should follow the result for each distinct claim rather than awarding an arbitrary percentage of total costs. The approach adopted in Golding was preferred, as it allows the taxing master to accurately calculate costs attributable to each claim. The plaintiffs must pay the defendants' costs for the withdrawn Will claim, and the defendants must pay the plaintiffs' costs for the successful improvements claim. The amended settlement agreement between the plaintiffs and the first and seventh defendants was made an order of court.

  • Costs Apportionment
  • Withdrawal Of Claim
  • Compensation For Improvements
  • Will Dispute
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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.