Category: erroneously granted

Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

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Strike ballot requirement: Strike not unprotected

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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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Reinstatement order reversed: Appealing interim order

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Unusual costs order: Successful legal practitioner

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Unduly formalistic approach: Gross irregularity

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Default judgment rescinded: Reasonable prospects

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Staying execution sale: Final or interim relief

SA Municipal Workers’ Union National Provident Fund v Kopanong Local Municipality    Staying execution sale was intended to be an interim order and the high court had no power to effectively create a contract for the parties...

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Access to information: Members of health club

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Interim restraint appealable: Momentous implications

Tshwane Metropolitan Municipality v Afriforum (157/15) [2016] ZACC 19 (21 July 2016) per Mogoeng CJ (Moseneke DCJ, Bosielo AJ, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Nkabinde J and Zondo J concurring).  Froneman and...

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