638 results found

Obtaining a default judgment (DJ) can be a straightforward process when the defendant fails to defend or respond. However, recent cases suggest courts may be taking a more lenient or cautious approach before granting final...

It has been argued that there are issues which simply cannot be decided without expert guidance.

In the recent Supreme Court of Appeal ("SCA") judgment of Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another...

The rules governing proceedings in the Supreme Court of Appeal ("SCA") are clear. Rule 8 (3) stipulates that if the appellant fails to lodge the record within three months...

The Western Cape High Court examined whether an informal email could satisfy the technical requirements of a formal plea under Rule 22 of the Uniform Rules of Court...

In the case of Ecenter Trading (Pty) Ltd and Others v First National Bank Ltd and Another, the Gauteng Division of the High Court, Pretoria, made various findings as to the remedies...

South Africa boasts a vibrant running culture, with a wide array of organised races held throughout the year. The organisation of these events varies significantly...

The Supreme Court of Appeal handed down judgment in Komape & Others v Minister of Basic Education & Others on 18 December 2019

In the case of Pitso and Others v Chabeli Molatoli Attorneys Incorporated, the Supreme Court of Appeal ("the SCA") held that attorneys cannot interdict their clients from terminating their mandate.

In the recent decision of Ratlou v MAN Financial Services SA (Pty) Ltd [2019] ZASCA 49, the Supreme Court of Appeal ("SCA") had to adopt a purposive approach to the interpretation of the term

Once legal proceedings relating to a debt have started, does the subsequent substitution of one of the parties affect the prescription period for the debt?

In the case of Lotts v NMI Durban South Motors (Pty) Ltd t/a Barons Belville, the Western Cape Division of the High Court of South Africa...

A judgment stemming from the High Court of South Africa, Limpopo Division, Polokwane serves as a timely reminder that a "without prejudice" offer, if not drafted or approached properly...

A pactum de non petendo in anticipando is a contractual principle in terms of which parties conclude an agreement or undertaking not to institute an action against each other.

In the case of Standard Bank of SA Ltd v Stander and Others, the issue before the North West Division of the High Court of South Africa concerned...

The victors in litigation are often dismayed when, after spending a lot of money and winning in court, the decision granted in their favour is appealed. Not only does this mean that they have to prove their case all over again,...

In Phethogo Consulting (Pty) Ltd v Mangaung Metropolitan Municipality, the Free State Division of the High Court of South Africa was called upon to adjudicate...