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Xaba v Ekurhuleni Metropolitan Municipality (17720/10) [2011] ZAGPJHC 26

5th May 2011

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  • Xaba v Ekurhuleni Metropolitan Municipality (17720/10) [2011] ZAGPJHC 26
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[1] This matter demonstrates unambiguously how the applicant was consistently let down, to his detriment by his legal representatives. In the Notice of Motion the applicant seeks an order condoning the late service on the respondent of the Notice as contemplated by section 3(1) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002. The application is based on section 3(4)(a) of the latter Act. The applicant also seeks an order for leave to institute legal proceedings against the respondent for damages for assault, arrest and detention arising from an incident on 17 February 2007. In the alternative, the applicant seeks condonation relief on terms and conditions in the discretion of the Court.

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