Browsing: Civil Law

A man acquitted of murder has lost his R17 million damages claim after the Western Cape High Court ruled that police and prosecutors acted on reasonable grounds.

A dispute over which will governs the estate of the late Constance Louise King took a procedural turn after the defendants’ plea was struck out for failing to properly raise a claim in reconvention.

Two WSU law students failed in an urgent court attempt to secure a pass mark after the High Court found no prima facie right to compel a five percent mark adjustment.

The High Court has rescinded a R97 509 default judgment against Koka James Rametse, finding a triable dispute over whether he lawfully returned his BMW X6 under the credit agreement and whether BMW Financial Services complied with the National Credit Act.

A North West mother who buried the wrong baby after a hospital mortuary mix up has lost her R500 000 civil claim, with the High Court ruling that grief and recurring headaches, without expert psychiatric evidence, do not amount to a compensable psychiatric injury in law.

The Labour Court in Gqeberha removed a reinstatement application from the roll after an attorney took the original court file out of the building without authorisation. Acting Judge PN Kroon warned that the unauthorised removal of state court records may constitute an offence and could justify a personal costs order.

Linraw CC claims R3.7 million in losses allegedly linked to an electricity disconnection by the City of Johannesburg and City Power, as the dispute moves toward trial.

The High Court has held PRASA 100 percent liable after a commuter was pushed through open train doors, awarding R2.55 million and rejecting any claim of contributory negligence.

The Supreme Court of Appeal will decide whether surplus funds in Jürgen Scheer’s South African insolvent estate can be transferred to Austria to pay unpaid creditors under Section 116 of the Insolvency Act.

A Wits student who accumulated 264 instead of 432 required credits failed in her urgent bid to overturn her exclusion, with the High Court finding the readmission decision lawful and procedurally fair.