Category: irregular proceeding

Irregular review process: Trial by ambush

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Salary award misconceived: Set aside on appeal

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

High court proceedings: Pleadings joinder costs

Hlophe JP v Freedom Under Law    In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

Read More

Combining preliminary applications: Condonation and review

Numsa obo Charles v DSV Solutions (Pty) Ltd In dealing with the issue of combining preliminary applications the labour court [per PN Kroon AJ] decided that “condonation applications should not generally be heard separately...

Read More

Amending review notice: Condonation and non-joinder

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Requiring full explanation: Attorney put on terms

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Inordinate review delays: Abuse of court process

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Abusing court rules: Costs de bonis propriis

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Magistrate recusing himself: Reviewed and set aside

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

Read More

Without prejudice rule: Striking out irregular step

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Impermissible absolution application: Thwarting prescription?

Liberty Group Ltd t/a Liberty Life v K & D Telemarketing Impermissible absolution application considered by SCA and decided that Liberty Life should have brought fresh proceedings and were not allowed to simply apply to...

Read More

Covid-19 lawyers chastised: Deprived of fees

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Read More
Loading