Category: Special pleas

Irrevocable power of attorney: Securing a debt

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

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Unlawful precautionary suspension: LC lacks jurisdiction?

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Faulty foundations constructed: Special resolution needed?

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

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Strict liability principle: Domesticated animals causing harm

Van Meyeren v Cloete Actio de pauperie exists to ensure that as between the owner of an animal and the innocent victim of harm caused by the animal, it is appropriate for the owner to bear the responsibility for that harm and in...

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Disposition without value: Exception and ‘value’?

Strydom NO v Snowball Wealth (Pty) Ltd Disposition without value or ‘not made for value’ interpretated by High Court in context of an exception to the pleadings and on the facts  the disposition was clearly not for...

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Unpaid employment benefits: Default judgment rejected

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Appeal outcome disputed: Interpretation of contract

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Subpoena duces tecum: Derived from LRA s142(1)(b)

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Support staff excluded: Beyond Council’s jurisdiction

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Dismissal powers considered: Who is the employer?

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Dismissal separate proceedings: Adjudicate and arbitrate

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Establishing court jurisdiction: Registered office or principal place?

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

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