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SPECIAL PLEA (S) By Oritonda Rambuda
WEBAug 20, 2021 · What is Specila Plea? A Special Plea can be defined as “ a legal objection to some aspect of the plaintiff’s claim ” [See Pete, S et al Civil Procedure A Practical Guide 3 rd Edition (Oxford University Press Southern Africa (Pty) Ltd 2017) 234].
Special plea - Facilegis - Legal Forms and Templates
WEBJul 27, 2021 · Locus standi: a peremptory plea that quashes the action altogether. A person wishing to institute or defend legal proceedings must have a direct and …
WEBSummary: Practice – pleadings – real import of upholding special plea that particulars of claim did not disclose a cause of action – leave to amend ought to have been granted.
Nel v Van Schalkwyk NO and Others (207/19) [2020] ZANCHC …
WEBJun 26, 2020 · Whilst the question of locus standi in a sense is procedural, it is also a matter of substance. It concerns the sufficiency and directness of a person’s interest in …
Joseph v Joseph and Joseph v Joseph [2020] NASC 22 (30 July …
WEBThe alleged lack of locus standi on the part of the plaintiff is raised in a special plea. The special plea contains five subparagraphs which, in essence contain legal argument and …
Special Plea in South Africa: Understanding the Legal Framework …
WEBDefinition: Locus standi is a peremptory plea that quashes the action altogether. It is raised when a person lacks the required direct and substantial interest in the right which is the …
Madalane v Van Wyk (87/15) [2016] ZASCA 25 (18 March 2016)
WEBMar 18, 2016 · [1] This is an appeal against the judgment of Thobane AJ sitting in the Gauteng Division of the High Court, Pretoria, upholding the respondent’s special plea of …
WEBFlynote: LAW OF PROPERTY – Ownership of a motor vehicle in terms of the common law and legislation; PRACTICE – special plea of locus standi in judicio. Summary: The …
Understanding Locus Standi: Legal Right to Sue Explained
WEBDiscover the pivotal role of Locus Standi in legal battles: the right to sue and be heard in court. Essential for public interest and constitutional suits.
Back to basics – locus standi in litigation - Cliffe Dekker Hofmeyr
WEBThe SCA considered the requirements for locus standi, being that the appellant must have an adequate interest in the subject matter of the litigation; the interest must not be too …
Joseph v Joseph and Another (HC-MD-CIV-ACT-OTH- 2018 of …
WEBThe defendants’ special plea of locus standi is upheld and the plaintiff’s claim for the eviction of the defendants from a portion of land measuring 8.4 hectares situated at …
WEBspecial plea on locus standi is, above denial on liabili. y, pleaded. The initial hearing on special plea . as heard by Kgomo J. No order in respect of the specia. plea was made. …
WHAT IS LOCUS STANDI? By Oritonda Rambuda
WEBJul 16, 2021 · Locus Standi can be defined as when the person has the right to sue or to be sued with regards to a particular matter [See Pete, S et al Civil Procedure A Practical …
Bunton and Another v Coetzee and Another (A423/2012) [2014
WEBAug 11, 2014 · In that instance, he is not one of the parties to the action and as a non-party to the suit he lacks the legal standing to file a Plea or Counterclaim. The Plaintiff in his …
standing | Wex | US Law | LII / Legal Information Institute
WEBStanding, or locus standi, is the capacity of a party to bring a lawsuit in court. To have standing, a party must demonstrate a sufficient connection to and harm from the law or …
Locus Standi | Legal Dictionary | Clio
WEBLocus Standi, also known as standing, refers to the legal right of an individual or entity to bring a lawsuit or participate in a legal proceeding. It is the requirement that a party must …
Standing (law) - Wikipedia
WEBIn law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from …
Civil Procedure Final - notes - CHAPTER 16: THE PLEA AND …
WEBThe form of a plea may consist of thr ee parts: a plea on the merits. - A plea on the merits attacks the substance of the allegations (or averments) made by the plaintiff in his/her. …
WEBin a special plea, which was delivered after the plaintiff’s evidence had been led at trial. The defence raised in the special plea contested the plaintiff’s locus standi at the time of the …
Kambatuku and Another v Tjaveondja and Others (HC-MD-CIV …
WEBThe order: (a) The first defendant’s special plea of locus standi is dismissed. (b) There is no order as to the costs. (c) The matter is postponed to 09 June 2022 for a case …
Pieters NO v Absa Bank Ltd (50865/2010) [2018] ZAGPJHC 711 …
WEBMay 22, 2018 · The defendant challenges her locus standi, and thus the power of the Master to have re-instated the plaintiff; the defendant argues that the Master had no …
Locus Standi Notes - Summary - Studocu
WEBA person who has the right to sue or be sued in a particular matter is said to possess locus standi in inducio (legal standing) in that matter. Two tests: Whether the party concerned …
South Africa: Supreme Court of Appeal - SAFLII
WEBJun 27, 2023 · The claims were met by five special pleas - four of prescription and one of lack of locus standi. The parties agreed, pursuant to Rule 33 (4) of the Uniform Rules of …
Superdoc One CC v Louw (5177/2021) [2024] ZAFSHC 233 (9 …
WEBMay 9, 2024 · The respondent duly filed and served its plea which included two special pleas raised, namely, locus standi and prescription to the applicant’s combined …
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