Tag archives: High Court

Can an amendment of quantum be considered a reopening of the issues?

The Western Cape High Court erroneously held in Oliver NO v MEC for Health Western Cape and City of Cape Town that the deceased plaintiff’s non-pecuniary claim for general damages did not transfer to her estate as the matter had not reached litis contestatio (close of pleadings) because the summons had been amended to increase … Continue reading

Non-variation clause leads to contract invalidity

This blog was co-authored by Zahraa Amod-Carim In May 2022, the Eastern Cape High Court handed down a judgment that invalidated a shareholders agreement between a private entity and its respective shareholders. Five medical doctors and shareholders challenged the hospital in respect of a new shareholders agreement put into effect without their signed consent required … Continue reading

Wrongfulness and liability for injury by animals

This blog was co-authored by: Bwanika Lwanga, Candidate Attorney In this January 2021 judgment the high court in Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 12 considered the question of whether the minister could be held liable for harm from an animal attack on premises within their control. Mr … Continue reading

Litigation funding is not insurance

In the High Court Steinhoff judgment, it was argued that the litigation funding  agreement between the class representative and the funder was a contract of insurance in terms of which the funder provides indemnity insurance to the class representative in consideration for the funder being paid a premium, being a percentage of the ultimate reward. … Continue reading

Affidavit commissioned via WhatsApp video call valid for COVID 19 realities

This blog was co-authored by Sa’ood Lahri, Director and Muhammad Mirza, Candidate Attorney In August 2021 the High Court[1] accepted that an affidavit commissioned over a WhatsApp video-call constitutes substantial compliance with the applicable regulations[2] and is valid in light of the practical difficulties faced by the deponent due to the raging Covid19 pandemic. The … Continue reading
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