Apr 12, 2017 | Commercial Recoveries, Litigation and Dispute Resolution, Regulatory
Literally translated, in duplum means ‘double the amount’. A part of South African law since the early 1800’s, it is a common law rule that specifies that interest on a debt will cease to run when the total amount of arrear interest has accrued to an amount equal to...
Mar 31, 2017 | Criminal Law, Litigation and Dispute Resolution
South Africa experienced its first successful private prosecution case in the recent judgment of Private Prosecutor v Hendricks 32/94/2010, heard in May 2016, in which a family succeeded in convicting an accused of murder and sentencing him to 15 years imprisonment....
Mar 2, 2017 | Corporate and Commercial Law, Litigation and Dispute Resolution
In the recently decided case of Singh and Another v Mount Edgecombe Country Club Estate Management Association 2016 (5) SA 134 (KZD), the court was asked to decide on an issue which frequently presents itself in gated communities. The facts The daughter of a Mr Singh,...
Feb 22, 2017 | Commercial Recoveries, Litigation and Dispute Resolution
Applying for the rescission of a judgment can be complicated. Where a default judgment is entered into because a party has failed to defend a claim brought by another party, a successful rescission of judgment application can set aside or make void the judgment based...
