We assist clients with disputes, together with the client we find solutions to disputes to prevent escalating to a point where they need to go to court to find a solution. We ensure that our clients receive the best possible outcome for their matters. We offer the following litigation services; disputes relating to private and commercial property, contracts and damage such as accidents, injuries and wrongful arrests.
We deal with both spheres of law pertaining to law suits based on the application procedure as well as law suits based on the action procedure, the latter, which primarily proceeds to trial should the settlement process not be forthcoming.
Our litigation department ensures that it assists and guides our clients through the entire litigation process which essentially entails pursuing the non-criminal route. Once all reasonable endeavours have been pursued and exhausted, and settlement negotiations no longer remain a viable option, we ensure that we speedily and effectively comply with all the necessary steps to bring the entire legal process to finality.
We assist our clients with the initiation of legal processes, or alternatively in the carrying forth of viable defences or oppositions depending on whether a High Court or Magistrate Court action or application process is followed. We ensure that we provide the utmost in the quality of service delivered in ensuring that our client’s claims, alternatively defences are upheld.
Our Litigation Services
From our offices, we provide comprehensive civil litigation services in various litigation forums, including High Court Litigation, and Magistrate Court Litigation services. Our skills are far reaching and include experience in a variety of civil matters, to name but a few, such as:
Applications for rescission of judgment
In order to be granted a rescission of a judgment, you must show that the decision in your case was the result of a mistake. There are several common reasons that a court will consider when deciding whether or not to grant a request for rescission of judgment. The court must be convinced that granting the request is equitable and just.
Commercial and residential evictions
The laws that govern these evictions are different and each requires a different set of steps to be completed in order to be done legally. In most cases, you will need to serve the tenant with an eviction notice and then wait the amount of time required by law before you can proceed with the eviction.
Third party claims
Personal Injury Law deals with situations where a person’s body, mind, or emotions are injured due to someone else’s negligent, reckless, or willful conduct. Third Party Claims relates to claims by people injured in motor vehicle accidents or by dependents of people who died in or as a result of these accidents. Our personal injury and third party claims range from small to large, but our expert lawyers make quick turnaround times.
Medical Negligence
Medical malpractice is defined as a negligent act or omission by a medical professional that results in personal injury to a patient. It occurs when a medical professional’s actions do not meet the accepted standards of practice. Medical professionals must comply with a standard of care, namely to treat their patients the way that any other reasonable medical provider with the same qualifications would do. Should their conduct fall below the established standard of care, they are guilty of medical negligence.
Commercial litigation
Our business lawyers in Johannesburg can help you resolve disputes or handle commercial litigation matters. Commercial litigation and dispute resolution are two of our key areas of expertise. Your business might be negatively affected or even cease to exist if you are not properly represented by an Attorney.
Debt Collection
At Mashitisho attorneys we deal with any type of debt of any age, where the debtor refuses, neglects or fails to pay the debt demanded. Our debt collection division has a swift, no-nonsense way of collecting monies. We pride ourselves on delivering prompt, efficient, simple and cost-effective solutions for our clients.
Sequestration & Insolvencies
We assist with every step of your process of liquidation. An individual seeking bankruptcy in South Africa must relinquish all of his/her assets, apart from those required for basic living. According to the Insolvency Act, an insolvent person’s assets are seized and administered by the court. Is your company experiencing financial difficulties? We can advise you on the best course of action in dealing with creditors that are hounding you for payment.
Debt Review Removal
Debt Review is a process in terms of the National Credit Act (NCA) for over indebted consumers. The purpose of the NCA is to protect the over indebted consumer against credit providers. Our Debt Review Attorneys boasts extensive experience in this field of law and have a very technical understanding of the NCA and other relating Acts. Our Attorneys have assisted several consumers, financial institutions as well as other Attorneys Firms with Debt Review matters.
