Tag Archivescivil litigation

Preventing the Destruction of Evidence

Introduction Evidence is a crucial element in all areas of the law, more specifically in civil litigation and/or criminal cases. Evidence is important as it will indicate to the Court that the facts are in your favour and that you have a strong case. But what can you do if the evidence you require is […]

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Enforcement of claims based on acknowledgments of debt in the Magistrate’s Court v the High Court

A debtor and creditor enter into an Acknowledgement of Debt (AOD) where the debtor acknowledges that he or she owes a particular sum of money to the creditor and undertakes to repay what is owing on terms agreed between the parties. This agreement is used as a shortcut to the judicial process of obtaining a judgment […]

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nominated and selected subcontractors

Consumer protection in respect of construction contracts

The Consumer Protection Act No. 68 of 2008 (the “CPA”) has been in effect since 2011, however, long before this Act, there have been other legislation around to protect consumers in the building and property law industry. One of these pieces of legislation in construction law in South Africa  is known as the Housing Consumers […]

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Can an acknowledgment of indebtedness made without prejudice be admitted as evidence in trial proceedings?

General legal practice prescribes that when an admission is made within a letter, with the result of both parties reaching a mutual agreement, such admission may be made without prejudice. The inferred understanding is that such an admission would not form part of any litigious evidence should the matter end up in court. A debtor […]

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Lost or Destroyed Title Deeds

Municipality’s rates policy in respect of future rates

In the recent ruling of Nelson Mandela Bay Municipality v Amber Mountain Investments, the Supreme Court of Appeal (“SCA”) addressed the question of whether the seller of immovable property could be held liable for the advance payment of the full annual property rate, or only for the payment of rates calculated until transfer takes place. […]

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