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South Africa Case Law

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Civil Procedure [2021] ZAGPJHC 638

Kayser N.O and Others v Rajkumar (2020/10390)

Kayser N.O and Others v Rajkumar (2020/10390) [2021] ZAGPJHC 638 (3 November 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2020/10390
Judge
E Molahlehi

High Court rule 30 application dismissed after finding no proven prejudice, no irregular step in withdrawing a plea and counterclaim, and no condonation sought.

  • Irregular Step
  • Withdrawal Of Plea
  • Rule 30 Application
  • Prejudice Requirement
  • Civil-procedure
  • Rule-30
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Civil Procedure [2009] ZAFSHC 14

Firstrand Bank Beperk v Smith (4752/2008)

Firstrand Bank Beperk v Smith (4752/2008) [2009] ZAFSHC 14 (12 February 2009)

Court
Free State High Court, Bloemfontein
Case number
4752/2008
Judge
A. Kruger, R

The court held that a defendant may withdraw a special plea by notice under Rule 41. The plaintiff was ordered to pay the costs of the unnecessary appearance.

  • Withdrawal Of Plea
  • Costs Award
  • Rule 41 Interpretation
  • Civil-procedure
  • Rule-41
  • Withdrawal-of-plea
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.