South Africa Case Law

Mpambaniso v Davison and Another (A139/22)

Mpambaniso v Davison and Another (A139/22) [2024] ZAGPPHC 602 (27 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A139/22

Judges

Ntlama-Makhanya, Collis, Ranchod

The majority held that the court a quo misdirected itself by failing to consider the substance of the agreement, specifically the term granting the First Respondent discretion to invest the appellant's funds and the obligation to repay on demand. The evidence, including email correspondence, established that the First Respondent was personally mandated to invest the funds and owed a fiduciary duty to the appellant. The court a quo's focus on the identity of the contracting party, rather than the essential terms of the agreement, led to an incorrect dismissal of the appellant's claim. The majo…

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• Contractual Discretion
• Investment Mandate
• Fiduciary Duty
• Abandonment Of Claim
• Costs Order
• Personal Vs Representative Liability

Vorster v Clothing City (PTY) Ltd (CA145/2021)

Vorster v Clothing City (PTY) Ltd (CA145/2021) [2022] ZAECMKHC 15 (17 May 2022)

Court

Eastern Cape High Court, Makhanda

Case number

CA145/2021

Judges

NQUMSE, G.N.Z MJALI

The court held that the appellant's amendment of the particulars of claim increased the quantum to R531,225.02, which exceeded the monetary jurisdiction of the magistrate's court as determined by the Minister. The principle of continuance did not apply because the respondent was not aware of the increased quantum at the outset and did not admit to any specific amount, only a percentage of negligence. Section 37(2) did not apply because the entire claim, after amendment, was indivisible and beyond jurisdiction. The appropriate remedy for the appellant was to abandon part of the claim under sec…

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• Magistrates Court Jurisdiction
• Amendment Of Particulars Of Claim
• Apportionment Of Negligence
• Abandonment Of Claim
• Special Plea
• Quantum Of Damages

Mpambaniso v Davison and Another (Leave to Appeal) (39127/2018)

Mpambaniso v Davison and Another (Leave to Appeal) (39127/2018) [2022] ZAGPPHC 100 (23 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

39127/2018

Judge

Basson

The High Court dismissed leave to appeal, finding the applicant had abandoned his alternative claim and showed no reasonable prospect of success.

• Leave To Appeal
• Abandonment Of Claim
• Waiver By Conduct
• Leave-to-appeal
• Abandonment-of-claim
• Waiver-by-conduct

Groom v Daimler Fleet Management (Pty) Ltd (JA39/20)

Groom v Daimler Fleet Management (Pty) Ltd (JA39/20) [2021] ZALAC 23; (2021) 42 ILJ 2179 (LAC); [2021] 11 BLLR 1079 (LAC) (4 August 2021)

Court

Labour Appeal Court

Case number

JA39/20

Judges

Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court held that the Labour Court erred in finding it lacked jurisdiction to determine the conditional counter-application regarding abandonment under section 359(2)(b) of the Companies Act. The Labour Court, having jurisdiction over the main unfair dismissal claim, also had jurisdiction over ancillary matters, including whether the claim was deemed abandoned. The respondent failed to make out a proper case for invocation of the deeming provision, as it did not provide admissible evidence regarding the date of liquidation and appointment of the liquidator, nor did it establis…

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• Unfair Dismissal
• Liquidation Procedure
• Abandonment Of Claim
• Jurisdiction
• Rule 11 Applications

Jacobz NO v de Clerk and Another (1439 / 2016)

Jacobz NO v de Clerk and Another (1439 / 2016) [2021] ZAWCHC 49 (19 March 2021)

Court

Western Cape High Court, Cape Town

Case number

1439 / 2016

Judges

Wille, De Villiers

The High Court upheld an appeal over unlawful occupation damages, allowing abandonment of part of the claim to fit magistrates’ court jurisdiction and rejecting prescription.

• Unjust Enrichment
• Magistrates Court Jurisdiction
• Abandonment Of Claim
• Holding Over
• Prescription
• Damages Quantification

Groom v Daimler Fleet Management (Pty) Ltd (JA39/20)

Groom v Daimler Fleet Management (Pty) Ltd (JA39/20) [2020] ZALAC 66 (4 August 2020)

Court

Labour Appeal Court

Case number

JA39/20

Judges

Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court held that Groom’s unfair dismissal claim was not abandoned under section 359 of the Companies Act and reinstated the claim.

• Unfair Dismissal
• Liquidation Procedure
• Abandonment Of Claim
• Jurisdiction Of Labour Court
• Unfair-dismissal
• Company-liquidation

Van Zyl v Von Zyk Investments (Pty) Ltd and Others (49107/2015)

Van Zyl v Von Zyk Investments (Pty) Ltd and Others (49107/2015) [2018] ZAGPPHC 430 (12 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

49107/2015

Judge

B Neukircher

The court set aside a writ, notices, and a sale in execution after finding set-off had extinguished the debt and the judgment was stale.

• Set Off
• Sale In Execution
• Attorney Misconduct
• Costs Order
• Rule 66
• Abandonment Of Claim

FH Swanepoel Plant Hire CC v PMG Mining (Pty) Ltd (1291/2009)

FH Swanepoel Plant Hire CC v PMG Mining (Pty) Ltd (1291/2009) [2010] ZANCHC 36 (27 August 2010)

Court

Northern Cape High Court, Kimberley

Case number

1291/2009

Judge

SA Majiedt

The High Court granted leave to amend pleadings, allowing the plaintiff to abandon a claim based on a second agreement, and ordered costs against it.

• Amendment Of Pleadings
• Written Contract
• Mining Agreement
• Prejudice And Costs
• Abandonment Of Claim
• Amendment-of-pleadings

Brand v Road Accident Fund (CA170/09)

Brand v Road Accident Fund (CA170/09) [2009] ZAECGHC 85 (30 November 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

CA170/09

Judges

Kroon, Plasket

Appeal against a magistrate’s costs order. The High Court held counsel’s fees could exceed the tariff and that the reserved costs should have been awarded to the appellant.

• Costs Awards
• Magistrates Court Tariff
• Party And Party Costs
• Discretion In Costs
• Abandonment Of Claim
• Civil-procedure

Van Tonder v Padongelukfonds (5438/2008)

Van Tonder v Padongelukfonds (5438/2008) [2008] ZAFSHC 70 (18 September 2008)

Court

Free State High Court, Bloemfontein

Case number

5438/2008

Judge

C Van Zyl, R

Court granted condonation for a late reply in a damages action, finding a reasonable explanation and a defence with prospects of success.

• Condonation
• Late Filing Of Pleadings
• Abandonment Of Claim
• Magistrates Court Jurisdiction
• Waiver
• Costs Order