Court Department

Attorneys:

Jaco Kachelhoffer – 082 7711 731
Emile Els – 082 7711 726
Andre Venter – 082 7711 718
Pieter Henning – 082 7711 721
Glen Bradshaw – 082 7711 720
Christiaan Gerdener – 082 7711 730
Anri Lottering – 082 7711 733
Hanno Maree – 083 3621 771
Brandon Hartel – 078 3043 281
Leticia van Greunen – 079 6077 743

All personal and corporate litigation in the Magistrates’ Court, Regional Court, High Court and Supreme Court of Appeal.

Services Include:

• Civil litigation in the Magistrates’ Court, Regional Court and High Court
• Appeals to the High Court and Supreme Court of Appeal
• Handling matters relating to divorce, custody and maintenance
• Obtaining of interdicts
• Applications for sequestration, liquidation and rehabilitation
• Claims resulting from motor vehicle accidents, including third party claims
• Foreclosures


General information

Lawsuits are pursued in the following instances:

1. Claims for payment of the contract price and/or payment of damages due to breach of contract.
2. Claims for payment of damages due to commitment of an unlawful act (delict), for example, resulting from an accident, damage to property, defamation, insult or injury.
3. Court applications for return of movable or immovable property, appointment of trustees and enforcement of legal rights.
4. Interdicts to prohibit certain acts and events, to compel or protect a person’s rights or property.
5. Recovery of debt.
6. Third party claims for injuries sustained in motor vehicle accidents.
7. Settlement negotiations if necessary


Civil cases may be conducted in the following courts:

• High Court for claims above R400 000
• Regional court for claims above R200 000 up to R400 000
• Magistrate’s Court for amounts of R200 000 and less


Costs:

1. Each Court has individual tariffs that a party can recover costs from another party depending on the outcome of a case.
2. It is a client’s responsibility to fund a continuing case.
3. If successful in a case the Court will normally order the counterparty to cover your legal costs on a party and party scale. It will, however, not cover all your costs and you are responsible for paying a portion of your legal costs.
4. Usually, it takes between 18 and 24 months to complete a Court case, but it can take even longer.


Please Note:

• We will regularly provide you with a statement as the case progresses.
• We will report to you on a regular basis on the progress of your case.
• Always consult your attorney for advice and guidance before agreements are concluded.
• Keep a paper trail of all your negotiations.
• Agreements should preferably always be in writing.
• Keep important documentary evidence safe.
• Always confirm important business telephone conversations by email or letter.
• Take cell phone pictures when involved in a motor vehicle accident or similar situation and be sure to obtain the other party’s full details such as identity number, home address, work address, car registration number etc.
• Contact your attorney immediately for further advice in connection therewith.