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Circumstantial Evidence, Confessions and Pointing Out
The case of David Papiki Komane v The State (51/2019) [2022] ZASCA 55 – 55.pdf is significant in…
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Importance of the Case: Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others
The case of Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others…
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Standard Bank of South Africa Limited v Lamont (Summary Judgement)
Importance of the Case: Standard Bank of South Africa Limited v Lamont The case of Standard Bank of South Africa Limited v Lamont (17022/2018) [2022] ZAGPJHC 3; 2022 (3) SA 537 (GJ) is significant in South African civil law, particularly regarding summary judgment procedures. Here’s a detailed explanation of its importance: Background of the Case In this case, Standard Bank sought summary judgment against Clint John Lamont for the payment of a capital amount of R601,152.71, along with interest. The cause of action was an alleged breach of a home loan agreement. Additionally, the bank sought an order declaring certain immovable property executable, which was the primary residence of the respondent and his family, including three children. Key Legal Issues Application of Uniform Rule 46A: The case highlighted the application of Uniform Rule 46A in summary judgment proceedings. Rule 46A deals with the execution against residential immovable property, ensuring that such actions are conducted fairly and justly, considering the rights of the occupants. Compliance with Procedural Requirements: The court emphasized the importance of complying with procedural requirements when seeking summary judgment. The application was found deficient as it failed to comply with Rule 46A(4)(ii), which mandates specific procedural steps to be followed.…
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The Plascon-Evans Rule
Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd. (53/84) [1984] ZASCA 51; [1984] 2 All SA…
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Analysis of Naraidu v S and Professional Conduct
Naraidu v S (894/2023) [2024] ZASCA 139 (16 October 2024) I would like to share an analysis of…
Helena Rijkenberg
Hello, my name is Helena Rijkenberg. I am an Attorney and Author and the founder of the Candidate Attorney Support Page and Group on Facebook. This Blog is an extension of that support and I hope you will find it helpful and informative in your journey to become a Legal Practitioner in South Africa.