South Africa Case Law

Manziya v Member of the Executive Council Department of Health Eastern Cape and Another (950/2012)

Manziya v Member of the Executive Council Department of Health Eastern Cape and Another (950/2012) [2024] ZAECMKHC 76 (9 July 2024)

Court

Eastern Cape High Court, Makhanda

Case number

950/2012

Judge

N G Beshe

The High Court granted the defendants leave to appeal after dismissing special pleas and finding the plaintiff’s evidence on medical negligence sufficient for trial purposes.

• Leave To Appeal
• Medical Negligence
• Special Plea
• Amendment Of Particulars
• Prescription Of Claim
• Leave-to-appeal

Firstrand Bank Limited v Coetzee and Another (82452/2019)

Firstrand Bank Limited v Coetzee and Another (82452/2019) [2021] ZAGPPHC 554 (19 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

82452/2019

Judge

Nochumsohn

The High Court granted leave to amend particulars of claim, finding that adding that the bank was represented by a duly authorised employee was enough for the defendants to plead.

• Pleading Requirements
• Rule 18 Compliance
• Amendment Of Particulars
• Exception Procedure
• Civil-procedure
• Pleading-requirements

Nedbank Limited v Dolbey and Another (D3809/2016)

Nedbank Limited v Dolbey and Another (D3809/2016) [2021] ZAKZDHC 22 (28 April 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D3809/2016

Judge

Hadebe

The court found that the second defendant was present at the plaintiff’s premises on 30 July 2014 and signed the deed of suretyship, binding herself for the company’s debt up to R2 million. The court held that the suretyship document, despite minor discrepancies in the company’s registration numbers and spelling errors, satisfied the formal requirements of section 6 of the General Law Amendment Act 50 of 1956. The principal debtor was identifiable by reference to the loan agreement. The second defendant’s denial of signature was not supported by credible evidence, and her alternative plea was…

Source excerpt

• Suretyship
• Contract Formalities
• Certificate Of Balance
• Amendment Of Particulars
• Admissibility Of Evidence

OOS Vrystaat Kaap Operations Ltd v Frelon Boerdery (Pty) Ltd & others (2496/2020)

OOS Vrystaat Kaap Operations Ltd v Frelon Boerdery (Pty) Ltd & others (2496/2020) [2021] ZAFSHC 127 (20 April 2021)

Court

Free State High Court, Bloemfontein

Case number

2496/2020

Judge

Molitsoane

The court found a notice of bar was served too early after an exception was withdrawn, making it a nullity and defeating the default judgment application.

• Notice Of Bar
• Default Judgment
• Rule 23 Exception
• Rule 22 Plea
• Amendment Of Particulars
• Default-judgment

S S v Road Accident Fund (42384/14)

S S v Road Accident Fund (42384/14) [2017] ZAGPJHC 457 (3 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

42384/14

Judge

L Windell

The court dismissed a prescription special plea and held that the plaintiff’s late RAF 4 form did not bar a general damages claim where summons had been issued timeously.

• Road Accident Fund Act
• Prescription
• General Damages
• Serious Injury Assessment
• Raf4 Form
• Amendment Of Particulars

U v U and Others (15/98694)

U v U and Others (15/98694) [2017] ZAGPPHC 678 (29 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

15/98694

Judge

A Makume

The court granted joinder of a trust, its trustees, beneficiaries and a usufructuary in divorce proceedings concerning accrual and alleged trust assets.

• Joinder Of Parties
• Accrual System
• Trust Assets In Divorce
• Matrimonial Property Act
• Non Joinder
• Amendment Of Particulars

Ruslyn Mining & Plant Hire (Pty) Ltd v Alexkor Ltd (917/10)

Ruslyn Mining & Plant Hire (Pty) Ltd v Alexkor Ltd (917/10) [2011] ZASCA 218; [2012] 1 All SA 317 (SCA) (29 November 2011)

Court

Supreme Court of Appeal

Case number

917/10

Judges

Heher, Bosielo, Wallis

The Supreme Court of Appeal held that Ruslyn had a prima facie case for misrepresentation and non-disclosure, and restored the trial for continuation.

• Misrepresentation
• Absolution From Instance
• Amendment Of Particulars
• Contractual Damages
• Absolution-from-instance
• Amendment-of-particulars

Monokandilos v Generale Des Carriers Et Des Mines SA (11261/2001)

Monokandilos v Generale Des Carriers Et Des Mines SA (11261/2001) [2010] ZAGPPHC 184 (5 November 2010)

Court

North Gauteng High Court, Pretoria

Case number

11261/2001

Judge

HJ Fabricius

The court held that amended particulars did not introduce new causes of action and that the defamation prescription issue was governed by Greek law.

• Prescription Act
• Conflict Of Laws
• Defamation
• Malicious Prosecution
• Amendment Of Particulars
• Foreign Law Application

Myhill NO v Road Accident Fund (09/30430)

Myhill NO v Road Accident Fund (09/30430) [2010] ZAGPJHC 174 (4 August 2010)

Court

South Gauteng High Court, Johannesburg

Case number

09/30430

Judge

P.A. Meyer

The High Court allowed an amendment in a claim seeking to avoid a minor’s compromise, finding the pleaded prejudice sufficient and postponing the trial sine die.

• Compromise Of Claim
• Curator Ad Litem
• Minor Prejudice
• Amendment Of Particulars
• Restitutio In Integrum
• Minor-compromise

Rivigan Investments NO 59 BK v Zelske Ontwikkeling BK (1021/2006)

Rivigan Investments NO 59 BK v Zelske Ontwikkeling BK (1021/2006) [2007] ZANWHC 54 (27 September 2007)

Court

North West High Court, Mafikeng

Case number

1021/2006

Judge

M.T.R. Mogoeng

The High Court granted leave to amend particulars of claim, holding that the defendant’s exception demanded evidence rather than the material facts required by pleading rules.

• Pleading Requirements
• Amendment Of Particulars
• Exception Procedure
• Lease Agreement Breach
• Civil-procedure
• Pleading-requirements