Court : South Africa Supreme Court of Appeal
..... the summons on the respondent had interrupted the running of prescription in terms of s 15(1) of the prescription act.1 [6] the amendment was effected on 7 april 2010. the respondent thereupon amended its plea by raising a special plea of prescription to the appellants claim. the appellant delivered a replication in answer ..... aviation @ work (pty) ltd, against a claim for payment of damages brought against it by the appellant, solenta aviation (pty) ltd. [2] on 13 march 2007, a combined summons was issued in the name of solenta aviation workshops (pty) ltd (solenta aviation workshops) against the respondent. a plea with a claim in reconvention ..... , solenta aviation workshops, as lessor, and the respondent, as lessee, concluded a written agreement - referred to as the aircraft dry lease agreement in terms whereof solenta aviation workshops leased a certain cessna aircraft to the respondent (the contract). a copy of the contract upon which reliance was placed was annexed to the particulars of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... to deal with an application for the removal of an attorney's name from the roll under a similar provision in the attorneys, notaries and conveyancers admission act 23 of 1934, as amended (before that act was repealed), was considered in nyembezi v law society, natal 1981 (2) sa 752 (a) at 756h-758c. it emerges from the judgment that the ..... cannot be a direct comparison between the fees charged by advocates and attorneys for trial work. road accident fund v le roux 2002 (1) sa 751 (w) at 757b-d; aircraft completion centre (pty) ltd v rossouw and others 2004 (1) sa 123 (w) para 154(5) and fn 11. the article in de rebus (september 2012) 21 which ..... had been guilty of the same conduct before. there was evidence that messrs geach, de klerk and pillay (as well as mr bezuidenhout) were engaged in this conduct in 2007 and messrs upton, van onselen and seima acknowledged that they had double briefed prior to february 2009. the other advocates declined to deal with transgressions of the rules prior .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... of being reviewed. [4] one preliminary issue requires mention. it is clear from the order sought by the respondent, before and after the delivery of the amended notice of motion, that no order was sought to set aside the proceedings before the disciplinary tribunal. assuming that the conclusions reached by the court below were unassailable ..... it does not result in unfairness to the other party; that it does not raise new factual issues and does not cause prejudice.23in barkhuizen v napier [2007] zacc 5; 2007 (5) sa 323 (cc) ngcobo j said the following (para 39): the mere fact that a point of law is raised for the first time ..... when exercising his or her powers, to observe the rules of natural justice, particularly the audi alteram partem principle, and therefore to determine the justiciability of those acts or decisions.11this classification was jettisoned even before the dawn of the new (constitutional) era12and has been characterised as a flawed exercise.13the attempted invocation of the .....
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