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South Africa decisions
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L.M obo L[...] and L.M v Road Accident Fund (43630/2019) [2025] ZAGPPHC 761 (22 July 2025)
The High Court dismissed a strike-out application but upheld a Rule 30 challenge, finding a supplementary notice of motion irregular and allowing an affidavit in response to new matter.
Standard Bank of South Africa Limited v Brazen Freight SA (Pty) Ltd and Others (2024/101129) [2025] ZAGPJHC 532 (30 May 2025)
The court found that the applicant had established its claim against the first and second respondents, who did not oppose the application, and granted judgment against them for the amounts claimed. Regarding the third respondent, the court held that, in the absence of a Shifren clause requiring written termination, oral termination of the suretyship agreement is possible in law. However, the third respondent's evidence regarding oral termination required testing through cross-examination, as there was a bona fide dispute of fact unsuitable for resolution on affidavit. The court therefore refe…
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French Riviera Investments (Pty) Ltd v FTX Investments (Pty) Ltd (2024/065062) [2025] ZAGPPHC 552 (22 May 2025)
The court allowed an amendment to a notice of motion seeking declaratory relief about a sale agreement and postponed the application sine die.
D.T.M and Another v M.C Van Der Berg Attorneys and Others (2025/028096) [2025] ZAGPPHC 387 (4 April 2025)
The court found that while a case may have been made out for the preservation of the funds, the relief sought was improper as the funds were not in the possession of the First or Second Respondent, but with the Third Respondent, against whom no relief was sought in the founding papers. The Applicants attempted to rely on the prayer for further and/or alternative relief to amend their claim at the hearing, but this was not justified by the facts set out in the founding affidavit and was procedurally irregular. The court held that such an amendment, sought at a late stage without proper notice…
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Mantladi Technologies (Pty) Ltd v National Treasury and Others (033768/2022) [2024] ZAGPPHC 1168 (11 November 2024)
The applicant failed to establish that the National Treasury's decision was irrational or based on irrelevant considerations. Mantladi was non-compliant with the tender specifications, submitting woven items instead of non-woven ones and failing to provide required samples. The products of the successful bidders were confirmed to meet the tender requirements. The applicant did not demonstrate exceptional circumstances warranting substitution or compensation under PAJA. The late amendment to the notice of motion was not justified, as no case was made for the new relief. Accordingly, the applic…
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Dupont NO and Others and Lehlobo's Trading and Enterprise (Pty) Ltd ta Lehlobo Auto Body Repairs and Others - Leave to Appeal (123253/2023) [2024] ZAGPJHC 608 (1 July 2024)
The High Court dismissed leave to appeal against orders setting aside business rescue and granting provisional winding-up, finding no reasonable prospect of success.
Dusty Gold Investments 3 (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2021/41510) [2024] ZAGPJHC 114 (13 February 2024)
The High Court allowed the applicant to file supplementary papers and amend its motion after post-launch changes to ownership and relief. Costs were awarded against the respondents.
Kotze v GWK Welvaart Prosperity (Pty) Ltd (1522/2023) [2023] ZANCHC 66 (13 October 2023)
The High Court dismissed an urgent application to reinstate medical aid benefits, finding no prima facie right because the applicant appeared to breach a restraint of trade.
M.D.M v L.B.M (A5008/2021) [2023] ZAGPJHC 960 (25 August 2023)
The High Court granted an amendment and supplementary affidavit, but held it lacked jurisdiction to dismiss or declare lapsed an appeal already before the Full Court.
Simotech (Pty) Ltd and Another v Bean (2608/2021) [2023] ZAMPMHC 20 (6 June 2023)
The High Court allowed an amendment to a notice of motion, granted a strike-out application, and dismissed a preservation/anti-dissipation application with costs.
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