RFH Inc regularly appears in both the Magistrate Court and the High Court. We pursue resolution before resorting to litigation — but where litigation is necessary, we are fully prepared to see the matter through, working with seasoned advocates where the matter demands it.
Litigation is expensive, time-consuming, and unpredictable. For those reasons, our first instinct is always to resolve matters without issuing summons — through direct negotiation, demand letters, or structured engagement between attorneys. Many disputes settle at that stage, and that is a good outcome for everyone.
But avoidance is not always an option. Some disputes cannot be resolved without a court order. Some opponents will not engage in good faith. Some urgent situations — a business being unlawfully interdicted, a debt going unpaid, a contract being breached — require immediate judicial intervention. When that point arrives, we are ready.
"We pursue settlement where it is achievable and in your interests. Where it is not, we litigate with full commitment — and we know which advocates to brief."
RFH Inc has established working relationships with seasoned advocates across a range of specialist areas. Where a matter warrants it — whether for its complexity, the sums involved, or the specialist expertise required — we brief counsel who know their field and the court. This gives our clients the benefit of a smaller, responsive firm combined with senior specialist advocacy when it counts.
Book Your Consultation — R750We regularly attend to matters in both courts and advise from the outset on the appropriate forum for your dispute.
We are regular practitioners in both courts and advise from the outset on the appropriate forum, procedure, and strategy for your dispute.
Civil litigation covers a broad spectrum of proceedings. Whether your matter requires urgent court intervention or a full defended trial, we can assist with the following and more.
Demand letters, summons, default judgment, and execution. We pursue outstanding debts efficiently and escalate to formal proceedings where necessary. Magistrate Court and High Court.
Urgent court orders preventing or compelling conduct where money alone cannot remedy the harm. We draft and argue interdict applications — including urgent ex parte applications — in both courts.
Applications compelling a party or organ of state to act, and applications seeking a court's declaration of rights. Often essential where parties dispute their legal position under a contract or statute.
Review of administrative decisions under PAJA and at common law. Where a public body or decision-maker has acted unlawfully, procedurally unfairly, or unreasonably, we bring review proceedings in the High Court.
Appeals from the Magistrate Court to the High Court, and from tribunal or lower court decisions. We advise on prospects of appeal, draft grounds of appeal, and brief advocates for High Court appeal hearings.
Breach of contract claims, specific performance actions, and cancellation and damages matters. We handle both plaintiff and defendant mandates across commercial and personal contract disputes.
Boundary disputes, property damage claims, nuisance actions, and delictual claims for harm caused by negligence or unlawful conduct. Both Magistrate Court and High Court depending on quantum.
Where time is critical, we bring urgent applications for interim relief — injunctions, preservation orders, and other emergency court orders — on an expedited basis in the appropriate court.
Sequestration, winding-up applications, section 65 examinations, and other specialised civil proceedings. We advise on the most appropriate remedy and procedural route for your specific situation.
We evaluate the merits of your claim or defence, assess the likely cost and timeline, identify the appropriate court and procedure, and give you a straight view on your prospects before any action is taken.
We attempt resolution through demand, negotiation, and attorney engagement. Most disputes settle before summons is issued. Where settlement is possible and in your interests, we pursue it — but we do not sacrifice your position to avoid court.
Where litigation is necessary, we draft pleadings, manage the court roll, handle discovery and interlocutory applications, and keep you informed at every stage. We brief advocates for hearings that require specialist court advocacy.
Winning a judgment is one thing — recovering on it is another. We handle post-judgment enforcement including writs of execution, garnishee orders, and where necessary, sequestration or winding-up applications.
The appropriate court depends primarily on the value of your claim and its complexity. The Magistrate Court has jurisdiction up to R500,000 (or R1 million by consent) and is generally faster and less expensive. The High Court has unlimited jurisdiction and is appropriate for larger claims, constitutional matters, reviews, and complex litigation. There are procedural and cost implications to each choice, and we advise you on the best forum from the outset. In some matters — particularly urgent applications and reviews — the High Court is the only option regardless of the monetary value.
We brief advocates where it is in our client's best interests — which typically means High Court trials, complex or specialist applications, and matters that require senior advocacy skills in court. South African practice separates the roles of attorney (who instructs and manages the matter) and advocate (who argues in court). Briefing a specialist advocate at the appropriate stage means you benefit from deep specialist expertise without carrying the cost of a senior specialist for the entire matter. We maintain working relationships with experienced advocates across multiple specialist areas and select counsel based on the specific demands of your case.
A mandamus is a court order compelling a party — typically a public body or official — to perform a legal duty or take a specific action. It is appropriate where someone has a legal obligation to act and is failing or refusing to do so. Common examples include government departments failing to make decisions within a reasonable time, licensing bodies refusing to issue permits or licences to which an applicant is entitled, and public bodies refusing to release information they are required by law to disclose. We bring mandamus applications in the High Court where necessary, often in conjunction with a PAJA review.
A declaratory order is a court's formal declaration of the legal rights or obligations of the parties without necessarily ordering any specific performance. It is useful where parties dispute their legal position — for example, whether a contract was validly formed, whether a clause is enforceable, or what rights each party has under an agreement. A declarator resolves the legal uncertainty and often makes further litigation unnecessary. Courts have a discretion to grant declaratory orders and will do so where there is a genuine dispute and a real interest in the answer.
In South African civil litigation, the general rule is that costs follow the result — the losing party pays the winner's party-and-party costs. However, these costs are calculated on a tariff basis and rarely cover all your actual legal fees. Courts have a discretion to depart from this rule, and cost orders can be limited or withheld in appropriate circumstances. We provide a realistic assessment of cost recovery prospects as part of our initial advice. Cost considerations are one of the factors we weigh when advising on whether to litigate or settle.