High Court of South Africa Eastern Cape, Port Elizabeth - 2019

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2 judgments

Citation	Judgment date
April 2019
Gobo Gcora Construction & Project and Others v Nelson Mandela Bay Municipality and Another ; Nelson Mandela Bay Municipality v Public Protector of Republic of South Africa and Others (1414/2016; 992/2016) [2019] ZAECPEHC 27 (16 April 2019) Reported Applicants’ attempt to rescind final judgments based on disputed findings amounted to an impermissible appeal; rescission dismissed with costs. Rule 42 — rescission of judgment; patent error or omission (Rule 42(1)(b)) v. substantive error of reasoning; common mistake (Rule 42(1)(c)) — requirements; functus officio and finality of judgments; locus standi of unrehabilitated insolvents; public protector’s remedial powers and ultra vires limits where no contractual nexus exist.	16 April 2019
March 2019
Naidoo NO v Minister of Safety and Security and Another (1421/2011) [2019] ZAECPEHC 8 (12 March 2019) Whether a deceased's non-patrimonial claim transmits to the estate when litis contestatio had been reached. Litis contestatio; Rule 29(1)(b) close of pleadings; transmissibility of non-patrimonial (actio iniuriarum) claims to estate; effect of post-death amendment on re-opening pleadings; executor’s locus standi to pursue transmitted claim.	12 March 2019