SUMMARY This is an application for rescission of judgment wherein Interactive Trading 115 CC (the “First Applicant”) and Barend Stephanus Schempers (the “Second Applicant”) (the “Applicants”) sought to rescind a judgment which was granted in default against them on 21 December 2017 and later varied on 05 June 2018. Both the main judgment and the
- Published in 2019, Civil Procedure
No Comments
- Published in 2020, Civil Procedure
Minister of Safety and Security v Tyali and Another (2301/2009) [2012] ZAECMHC 8 (14 June 2012).
Wed, 20 Nov 2019
SUMMARY This was an interlocutory application made in terms of rule 30A(1) of the Uniform Rules of Superior Court Practice (“the uniform rules of court”) wherein the Minister of Safety and Security (“the Applicant”) sought an order striking out an answering affidavit deposed to by Mzukisi Tyali (“the First Respondent”). The main application was made
- Published in 2019, Civil Procedure
Department: Transport, Province of KwaZulu-Natal v Ramsaran & others (1274/2017) [2019] ZASCA 62 (23 May 2019)
Fri, 30 Aug 2019
SUMMARY On or about 25 November 2014, combined summons which were signed by Lambert Attorneys, cited the Department: Transport, Province of KwaZulu-Natal (the “Department”) as the Plaintiff and nine employees of the Department as the Defendants. The particulars of claim to the summons alleged that the Defendants were involved in a fraudulent scheme that caused
- Published in 2019, Civil Procedure, News
Kekana v Road Accident Fund (206/17) [2018] ZASCA 75 (31 May 2018)
Wed, 24 Jul 2019
SUMMARY In August 1996, the Appellant (an employee of the the South African Police Service), was involved in a motor vehicle accident and suffered bodily injuries, whereafter a claim for damages was made against the Respondent, The Road Accident Fund (the ”Fund”). After several settlement offers being made by the Fund during the course
- Published in 2019, Civil Procedure, News
Batohi v Roux (12476/2012) [2018] ZAKZDHC 56; [2019] 1 All SA 390 (KZD) (16 November 2018)
Tue, 09 Jul 2019
BACKGROUND AND SUMMARY The Defendant is a practicing neurosurgeon and the Plaintiff was his patient. During or about 2004, the Plaintiff consulted with the Defendant in respect of a nerve related pain. The Defendant operated on the Plaintiff to repair, inter alia, an intervertebral disc herniation. The operation was successful and the Plaintiff was rendered
- Published in 2019, Civil Procedure, News
Motloung and Another v Sheriff, Pretoria East 2019 (3) SA 228 (GP)
Wed, 03 Jul 2019
SUMMARY The facts of the present matter can be summarised as follows: The plaintiff’s suffered a motor vehicle accident (“MVA”) in January 2007; As a result of the abovenmentioned MVA, the Plaintiff’s sought to claim compensation from the Road Accident Fund (“RAF”) through the institution of action proceedings; In 2011, action proceedings were purportedly instituted
- Published in 2019, Civil Procedure, News
SUMMARY In casu, this was application for reinstatement of a municipal official that claimed they had been unlawfully removed. The abovementioned application was granted by a single judge of the High Court, siting as the court a quo, but the aforementioned application was not what the present court was called to adjudicate. Instead, the
- Published in 2019, Appeals, Civil Procedure
BACKGROUND AND SUMMARY This is an appeal in the UK Supreme Court (“SC”). The litigation in this matter arises from alleged toxic emissions from the Nchanga Copper Mine (“the Mine”) in the Chingola District of Zambia. The claims are based in delict, namely on the alleged breach of a common law duty of care and
- Published in 2019, Civil Procedure, English Law, Jurisdiction, News
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