Shrivar Chendip

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A reminder to all Commissioner of Oaths

By Shrivar Chendip on August 3, 2023 Posted in General

In the May 2023 case of Phumelela Local Municipality v Telkom SA SOC Limited, the validity of a founding affidavit submitted to the court in relation to an application for summary judgment was rejected for want of compliance with the commissioner of oaths regulations. The founding affidavit in support of the summary judgement application stated … Continue reading

A reminder on how to accurately determine quantum in motor vehicle collisions.

By Shrivar Chendip on June 14, 2023 Posted in Insurance

This blog was co-authored with Jason Hudson, Candidate Attorney. In February 2023, the Northwest High Court revisited the methods for determining damages suffered to a motor vehicle. The plaintiff claimed a total of R185 056 in damages for collision damage to a motor vehicle. Despite a judgment on merits being granted in favour of the … Continue reading

Revisiting repudiation of a contract

By Shrivar Chendip on May 24, 2023 Posted in Insurance

This blog was co-authored with: Jason Hudson, Candidate Attorney Platinum Property Enterprise (Pty) Ltd v Mcshane and Another The Western Cape High Court heard an application for an interdict and specific performance relating to the sale and transfer of immovable property. The purchaser and seller concluded a sale agreement where the purchaser would pay the … Continue reading

Conflicting expert advice

By Shrivar Chendip on April 3, 2023 Posted in Insurance

This blog was co-authored by Raees Halim, Candidate Attorney In NDB obo JWK v Road Accident Fund, evidence was led to assess loss of future earnings of the plaintiff’s minor son, who sustained dire injuries from a motor vehicle collision five years before. Each party’s respective industrial psychologist experts could not agree on the child’s … Continue reading