Related Research Articles
Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another, an important case in South African property law, was heard in the Witwatersrand Local Division by Judge Thokozile Masipa on 30 May 2008, with judgment handed down on 12 September.
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.
International Shipping Co (Pty) Ltd v Bentley is an important case in South African law. It was heard in the Appellate Division on 25 and 26 September 1989, with judgment handed down on 10 November. The presiding officers were Corbett CJ, Botha JA, Hefer JA, Smalberger JA and Friedman AJA. The case is especially important in the law of delict, in the area of causation and on the question of the remoteness of damages. An auditor was sued by a financing company for loss caused by negligent misstatements contained in a report by the auditor of a group of companies. This report was misleading: It did not give an accurate picture of the bleak financial situation of the group for which the company was providing financial facilities. The court found that the auditor had acted negligently and unlawfully, and so established factual causation. On appeal, however, it was held that the company's loss was too remote for the auditor to be held liable. The judgment set out the factors relevant to determining whether or not a loss is too remote.
Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd is an important case in South African law: the leading case, indeed, on disputes of fact. It was heard in the Transvaal Provincial Division on April 28 and 29, 1949, with judgement on July 15. Murray AJP, Ramsbottom J and Blackwell J presided. A. Shacksonvis KC appeared for the appellant, and A. Suzman KC for the respondent. The appellant's attorneys were Schwartz & Goldblatt; the respondent's were Podlashuc, Meintjes, Liebson & Klagsbrun.
Truter and Another v Deysel is an important case in South African law, with particular resonance in civil procedure and medical malpractice. It is also frequently quoted or invoked for its definition of "cause of action". It was heard in the Supreme Court of Appeal on 24 February 2006; judgment was delivered by Judge of Appeal Belinda van Heerden on 17 March. The case was an appeal from a decision in the Cape Provincial Division of the High Court of South Africa.
General Accident Insurance Co South Africa Ltd v Xhego and Others is a case in the South African law of delict, particularly the area of compensation for motor vehicle accidents. The case was heard in the Appellate Division, by Joubert JA, Van Heerden JA, Smalberger JA, F H Grosskopf JA and Van Coller AJA, on November 18, 1991, with judgment handed down on November 29. The appellant, whose attorneys were Silberbauers, Cape Town, and Symington & De Kok, Bloemfontein, was represented by BM Griesel. The respondents, whose attorneys were Coulter, Van Gend & Kotze, Claremont, and Webbers, Bloemfontein, were represented by BJR Whitehead.
Wells and Another v Shield Insurance Co Ltd and Others is an important case in the South African law of delict. It was heard in the Cape Provincial Division by Corbett J on March 15, 1965, with judgment handed down on April 7. The attorneys of the excipient, who was represented in court by DL Kooy, SC, were Reilly, Reilly & Tucker. The respondent's attorneys were Sonnenberg, Hoffman & Galombik, and he was represented by S. Aaron.
K v Minister of Safety and Security is an important case in the South African law of delict and South African constitutional law. It was heard by the Constitutional Court on May 10, 2005, with judgment handed down on June 13. Langa CJ, Moseneke DCJ, Madala J, Mokgoro J, O'Regan J, Sachs J, Skweyiya J, Van der Westhuizen J and Yacoob J presided. W. Trengove SC appeared for the applicant; PF Louw SC appeared for the respondent. The applicant's counsel was instructed by the Women's Legal Centre, Cape Town. The respondent's attorney was the State Attorney, Johannesburg.
Minister of Safety and Security v Luiters is an important case in the South African law of delict. It was heard in the Supreme Court of Appeal (SCA) on March 7, 2006, with judgment delivered on March 17. Mpati DP, Farlam JA, Navsa JA, Cloete JA and Van Heerden JA presided. RT Williams SC appeared for the appellant and HM Raubenheimer SC for the respondent. The appellant's attorneys were the State Attorneys, Cape Town and Bloemfontein. The respondent's attorneys were Smith & De Jongh, Bellville; Milton de la Harpe, Cape Town; and Honey Attorneys, Bloemfontein. The case was an appeal from a decision in the Cape Provincial Division by Thring J. A subsequent application to appeal it further to the Constitutional Court was rejected.
Theart and Another v Minnaar NO; Senekal v Winskor 174 (Pty) Ltd is an important case in South African property law and civil procedure, as well as in the area of legal interpretation. It was heard in the Supreme Court of Appeal on 5 November 2009, with judgment handed down on 3 December. The central issue was the proper interpretation and application of section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) in the magistrates' courts.
Adfin (Pty) Ltd v Durable Engineering Works (Pty) Ltd is an important case in South African law, particularly in the area of civil procedure. An application to set aside the respondent's combined summons as an irregular proceeding, it was heard in the Cape Provincial Division by Berman J on 16 February 1990. Judgment was handed down on 2 March. The applicant's attorneys were Saacks & Jaffe; the respondent's were Bornman & Hayward. E. Sakinofsky appeared for the applicant and LM Olivier for the respondent.
Soffiantini v Mould is an important case in South African law. An appeal from a decision of Back AJ, it was heard in the Eastern Districts Local Division by Price JP, Jennett J and Wynne J on 30 July 1956. Judgment was handed down on 14 August 1956. The appellant's attorneys were Espin & Espin. The respondent's attorney was LB Green. The case concerned the relationship between landlord and tenant, and confirmed that, under the common law, a landlord is not entitled to enter leased premises without consent. The trespassing landlord can be interdicted.
Sindane v Prestige Cleaning Services is an important case in South African law, heard in the Labour Court, Johannesburg, on August 28, 2009. Judge Annali Basson presided. David Sindane, bringing an application in terms of section 191(5)(b)(ii) of the Labour Relations Act, appeared for himself; JH de Villiers Botha appeared for the respondent.
Minister of Health and Welfare v Woodcarb (Pty) Ltd and Another is an important case in South African environmental law, heard in the Natal Provincial Division by Hurt J on March 29, 1995, with judgment handed down on December 15, 1995. Counsel for the applicant was CJ Hartzenberg SC ; DA Gordon SC appeared for the respondents. The applicant's attorney was the State Attorney; the respondents' attorneys were Venn, Nemeth & Hart.
Memory Institute SA CC t/a SA Memory Institute v Hansen and Others is an important case in South African law, heard in the Supreme Court of Appeal. The judges were Harms JA, Schutz JA, Cameron JA, Conradie JA and Heher JA, who heard the case on May 8, 2003, handing down judgment on May 16, 2003. PJ Heymans appeared for the appellant; MH Wessels SC for the respondents.
Pressma Services (Pty) Ltd v Schuttler and Another is an important case in South African labour law, heard in the Cape Provincial Division on 19 April 1989 by Van Schalkwyk AJ, who delivered judgment on 12 September. The applicant's attorneys were Ince, Wood & Raubenheimer; the respondents' attorneys were Lindsay, Schneider & Kawalsky. The case concerned an application in terms of section 424(1) of the Companies Act and argument on a point in limine. RR Horn appeared for the applicant; KAB Engers appeared for the respondent.
Administrator, Transvaal v Theletsane is an important case in South African law, heard in an Appellate Division comprising Botha JA, Smalberger JA, MT Steyn JA, FH Grosskopf JA and Nicholas AJA. The case was heard on November 5, 1990; judgment was delivered on November 30. The respondents' attorneys were SV Khampepe, Johannesburg, and EG Cooper & Sons, Bloemfontein. The appellants had the State Attorney.
Wightman t/a JW Construction v Headfour (Pty) Ltd and Another is an important case in South African law, heard in the Supreme Court of Appeal on February 27, 2008. Mpati DP, Cameron JA, Heher JA, Ponnan JA and Mhlantla AJA presided. Judgment was handed down on March 10, 2008. Counsel for the appellant was EJJ Spamer; SC Goddard appeared for the respondents. The appellant's attorneys were Kyriacos & Co, Cape Town, and Webbers, Bloemfontein. The respondents' Attorneys were EQM Hunter, Cape Town, and Honey Attorneys, Bloemfontein. The case was an appeal from a decision of the full bench in the Cape Provincial Division regarding spoliation.
Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd is an important case in South African law, particularly in the area of civil procedure and trade marks.
Eastern Cape v Contract Props, is an important case in the South African law of lease, where Eastern Cape entered into a contract of lease with the respondent, without complying with or without making use of procedures prescribed by the Provincial Tender Board Act.
References
Books
- C Theophilopoulos et alFundamental Principles of Civil Procedure (2008).
Cases
- Food & Nutritional Products (Pty) Ltd v Neumann 1986 (3) SA 464 (W).
