Category Archives: Civil Procedure

Civil Procedure: Common law grounds for a rescission application: Moshoeshoe and Another v Firstrand Bank Ltd and Others

Facts

The applicants (Mr and Mrs Moshoeshoe) concluded a loan agreement with the first respondent (Firstrand Bank hereafter “the bank”) to purchase their home.  The property was pledged as security and the applicants elected the property address as their domicilium citandi et executandi. However, this address was incorrectly recorded. The applicants drew the error to the conveyancing attorney’s attention, who assured them that it wasn’t important, as well as the bank. It was the failure to correct this error which led to the unfortunate trail of events resulting in the current application... Read More

Anton Pillar Type Orders: The Civil Law Search Warrant

As is the case in terms of our criminal law; which makes provision for the obtaining of a search warrant by the investigative authorities in order that its members be permitted to search premises which are suspected to be involved in or harbour evidence in relation to an alleged crime, our civil law also provides private litigants with a similar type of procedure or remedy.

This procedure is known an Anton Pillay type order (“the order”) which a litigant (“the applicant”) applies for on an ex-parte basis, i.e... Read More

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