Botes and Another v Nedbank Ltd
| Jurisdiction | South Africa |
| Judge | Corbett JA, Hoexter JA and Howard AJA |
| Judgment Date | 29 March 1983 |
| Citation | 1983 (3) SA 27 (A) |
| Hearing Date | 17 March 1983 |
| Court | Appellate Division |
Corbett JA:
I fully concur in the judgment and order of my H Brother HOWARD. I merely wish to add certain observations with reference to two features of this appeal. The first is that the Judge who heard the exception and application to strike out made the orders dismissing the exception and allowing, in part, the motion to strike out without giving any reasons. In my view, this represents an unacceptable procedure. In a case such as this, where the matter is opposed and the issues
Corbett JA
have been argued, litigants are entitled to be informed of the reasons for the Judge's decision. Moreover, a reasoned judgment may well discourage an appeal by the loser. The failure to state reasons may have the opposite effect. In addition, should A the matter be taken on appeal, as happened in this case...
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39 practice notes
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General Council of the Bar of South Africa v Geach and Others
...to Besselaar v Registrar, Durban and Coast Local Division and Others 2002 (1) SA 191 (D): referred to Botes and Another v Nedbank Ltd 1983 (3) SA 27 (A): referred to D Botha v Law Society, Northern Provinces 2009 (1) SA 227 (SCA): dictum in para [3] Botha and Others v Law Society, Northern ......
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Tredoux v Kellerman
...v Walters and Others 1984 (1) SA 73 (A): referred toBertelsmann v Per 1996 (2) SA 375 (T): referred toBotes and Another v Nedbank Ltd 1983 (3) SA 27 (A): referred toEbrahim and Others v Khan and Others 1979 (2) SA 498 (N): referred toGilinsky and Another v Superb Launderers and Dry Cleaners......
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S v Magadla
...Cases cited Reported cases Afrikaanse Pers Beperk v Olivier 1949 (2) SA 890 (O): referred to Botes and Another v Nedbank Ltd 1983 (3) SA 27 (A): referred to C Capital Building Society v De Jager and Others; De Jager and Another v Capital Building Society 1964 (1) SA 247 (A): referred R v Ba......
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Minister of Safety and Security v Dlakavu
...cases. In civil cases this is not a statutory rule but one of practice. The learned author referred to Botes and Another v Nedbank Ltd 1983 (3) SA 27 (A) where this Court held that in an opposed matter where the issues have been argued litigants are entitled to be informed of the reasons fo......
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38 cases
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General Council of the Bar of South Africa v Geach and Others
...to Besselaar v Registrar, Durban and Coast Local Division and Others 2002 (1) SA 191 (D): referred to Botes and Another v Nedbank Ltd 1983 (3) SA 27 (A): referred to D Botha v Law Society, Northern Provinces 2009 (1) SA 227 (SCA): dictum in para [3] Botha and Others v Law Society, Northern ......
-
Tredoux v Kellerman
...v Walters and Others 1984 (1) SA 73 (A): referred toBertelsmann v Per 1996 (2) SA 375 (T): referred toBotes and Another v Nedbank Ltd 1983 (3) SA 27 (A): referred toEbrahim and Others v Khan and Others 1979 (2) SA 498 (N): referred toGilinsky and Another v Superb Launderers and Dry Cleaners......
-
S v Magadla
...Cases cited Reported cases Afrikaanse Pers Beperk v Olivier 1949 (2) SA 890 (O): referred to Botes and Another v Nedbank Ltd 1983 (3) SA 27 (A): referred to C Capital Building Society v De Jager and Others; De Jager and Another v Capital Building Society 1964 (1) SA 247 (A): referred R v Ba......
-
Minister of Safety and Security v Dlakavu
...cases. In civil cases this is not a statutory rule but one of practice. The learned author referred to Botes and Another v Nedbank Ltd 1983 (3) SA 27 (A) where this Court held that in an opposed matter where the issues have been argued litigants are entitled to be informed of the reasons fo......
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1 books & journal articles
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Recent Case: Law of evidence
...and consequences of any formal admission the accused wishes to make. On this subject Henney J referred (at para [28]) to S v Daniels 1983 (3) SA 275 (A) and S v Mavundla 1976 (4) SA 731 (N) in which this responsibility was disc ussed:‘[W]hen an accused person wants to make an admission, but......