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The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
The eviction procedure excludes the rei vindicatio and other common-law remedies for the vindication of ownership rights. PIE has application also where the occupation was lawful to begin with but became unlawful later. [7] Different procedures are set out under PIE for private owners, [8] urgent applications [9] and organs of state. [10]
Adfin (Pty) Ltd v Durable Engineering Works (Pty) Ltd [1] 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 façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd [1] is an important case in South African law, particularly in the area of civil procedure and trade marks.. This appeal from a decision in the Cape Provincial Division was heard in the Appellate Division by Corbett JA, Miller JA, Nicholas JA, Galgut AJA and Howard AJA on February 27, 1984, with judgment handed down on May 21, 1984.
Smith v Smith [1] is an important case in South African law, in particular in the area of civil procedure. It was heard and decided in the Witwatersrand Local Division by Millin J on 22 January 1947. An action for judgment on motion under Rule of Court 42, the case concerned the service of summons at the defendant's place of business, and ...
Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd [1] 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.
Luna Meubel Vervaardigers (Edms) Bpk v Makin and Another (t/a Makin's Furniture Manufacturers) [1] is an important case in South African civil procedure: the leading case, in fact, on the question of how and when an urgent application may be brought. It was heard in the Witwatersrand Local Division by Coetzee J on December 13, 1976, and ...