- Flynote
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Declaratory relief – whether condonation by liquidators of
company of non-compliance with written notice of civil action under s359(2)(a) of the Companies Act 61 of 1973 and prescription properly the
subject of a declaratory order – party not entitled to claim declaration of rights
merely because rights disputed – case not a proper one for the exercise of
discretion to grant declaratory relief – delivery of heads of argument after hearing of appeal – abuse of court process.
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Cited documents 4
Legislation 3
1. | Superior Courts Act, 2013 | 1479 citations |
2. | Prescription Act, 1969 | 505 citations |
3. | Medical Schemes Act, 1998 | 386 citations |
Judgment 1
1. | Director-General Department of Home Affairs and Another v Mukhamadiva [2013] ZACC 47 (12 December 2013) | 11 citations |
Documents citing this one 2
Judgment 2
1. | National Credit Regulator v Dube Cash Loans CC (NCT/183485/2021/140(1)) [2022] ZANCT 40 (6 July 2022) | |
2. | S v Terblanche (CA&R 05/2022) [2022] ZAECPEHC 29 (4 October 2022) |