restitutio in integrum

Literal translation

restoration to the original condition

Legal meaning

Restitutio in integrum refers to the restoration of a person to the position they occupied before a prejudicial act, judgment, or procedural default occurred. In South African law, the term appears both in substantive private-law contexts and in procedure, especially where a court is asked to rescind or set aside a judgment or to undo the legal consequences of an act in the interests of justice. Its modern use overlaps with remedies aimed at reversing prejudice rather than enforcing a strict technical right.

Examples

• The applicant sought restitutio in integrum after default judgment had been granted in his absence.
• The court considered whether restitutio in integrum was appropriate to restore the party to its former legal position.
• Counsel argued that the relief claimed amounted in substance to restitutio in integrum.

• 🇿🇼 The Diamond Tool Company of Zimbabwe (Private) Limited and Another v First Merchant Bank of Zimbabwe Limited and Others
  Other Courts
• 🇿🇦 Road Accident Fund v Advocate ELE Myhill NO (Swalibe Minors)
  Supreme Court of Appeal of South Africa· 2013-05-29· 505/2012

  parties were correctly agreed that a contract may be set aside under the restitutio in integrum if it is shown that it was prejudicial to the minor at the time

• 🇿🇼 Saul Murimba and Tendai Flora Murimba v The Laws Organisation (Pvt) Ltd and Others
  High Court (Harare)· HC 734-10
• 🇿🇦 Neville William Mackay v Eileen Margaret Fey NO and Michael John Lane NO
• 🇿🇼 John Sway Mugadzahweta v Azviribasi Nengomasha
  High Court (Harare)
• 🇿🇼 Givemore Garati v Stalin Mau Mau, Beverly Building Society, Sheriff for Zimbabwe, Registrar of Deeds
  Supreme Court
• 🇿🇦 Cronje NO & Others v Hillcrest Village (Pty) Ltd & Another
• 🇿🇦 ST v CT
• 🇿🇼 Givemore Garati v (1) Stalin Mau Mau (2) Beverley Building Society (3) Sheriff for Zimbabwe (4) Registrar of Deeds
  Other Courts
• 🇿🇼 Pomelo Mining (Private) Limited v Tonnie Mutunja
  High Court (Harare)· HC 6158/18

Live search across the public SA + ZW case corpus. Results may include false positives where the same Latin lexeme appears in a different context.

Areas of law