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Navigating ex parte applications in South African legal proceedings

Introduction In the realm of legal proceedings within South African courts, the utilisation of ex parte applications holds paramount importance, allowing for the pursuit of relief without involving the opposing party during the initial stages. This article…

Provided By SchoemanLaw Inc

Understanding default judgment and rescission applications

Introduction Do you have a judgment against you and wish to challenge this? Your best option is to contest it through the process of rescission of judgments. This legal avenue allows you to seek the setting aside or reconsideration of a court order under specific circumstances.…

Provided By SchoemanLaw Inc

by Robyn Shepherd

Understanding delict: Categories of damages

Introduction Delict, often termed a “civil wrong,” governs situations where one seeks compensation for harm. Three primary harm categories exist: patrimonial (financial losses), non-patrimonial (non-financial harm),...

South African law: The various cost order types

Introduction The question of costs is fundamental in South African legal processes as it decides who is accountable for paying the costs incurred during litigation. A...

by Celeste Snyders

Dog bites can land you behind bars: The high stakes of dog bite liability revealed

Dog bites and attacks, especially involving pit bulls, have been making headlines lately. Although this matter is nothing new and there is legislation regulating such...

by Philip Venter

Understanding the leave to appeal procedure

Introduction In South Africa, the process of appealing a court decision varies depending on the court of origin. This article focuses on the leave to appeal...

by SchoemanLaw Inc

Recent case law emphasises proper procedure for Anton Piller applications

What is an Anton Piller application? An Anton Piller application is a legal remedy that allows a plaintiff to obtain an order allowing the plaintiff to...

by SchoemanLaw Inc

Referral to Registrar for a debt or liquidated demand

In Auditor-General of South Africa v Accounting Officer of Gateway Airports Authority (Ltd) and Another [2022] JOL 54182 (LP), the court had to determine whether the claim...

by Merilyn Kader

Money Money Money – Costs that a court can award

Once a judgment has been handed down, the successful party is generally awarded costs. This is decided upon the court’s discretion. Courts may choose not...

by Robyn Shepherd

Urgent application

A group of 116 persons in Ndevu and Another v Westonaria South Property Holding (Pty) Ltd t/a Westonaria South and Others [2022] JOL 53978 (GP) occupying a...

by Merilyn Kader

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