Category: irregular proceeding

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...

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Without prejudice rule: Striking out irregular step

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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...

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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...

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Adjudication before arbitration: Reviewing incomplete proceedings

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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Juristic personality examined: Need to cite trustees?

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

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Compensation order confusing: Appeal struck off

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Reviewing own decisions: Internal policies subverted

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Leave sought twice: Res judicata and refused

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Rule 11 application: Timeous prosecution lacking

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Reinstating withdrawn proceedings: Principles considered and applied

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Irregular proceedings: Commissioner confused gender

The High Court refused to grant summary judgment because the bank attached an affidavit that referred to the deponent as ‘he’ when it appeared that the deponent was in fact a ‘she’.  The application for summary judgment was...

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