Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2004] ZAECHC 27

Hosking and Others v Attorneys Fidelity Fund Board of Control (ECJ 2004/023)

Hosking and Others v Attorneys Fidelity Fund Board of Control (ECJ 2004/023) [2004] ZAECHC 27 (2 September 2004)

The court found that the plaintiffs' replication was vague and embarrassing, failed to plead material facts, and relied on conclusions of law and fact without sufficient particularity. The replication introduced references to parties not before the court and attempted to widen the scope of the action beyond the particulars of claim. The constitutional challenge to the impugned sections of the Attorneys Act was inadequately pleaded, lacking factual basis for the alleged non-compliance with constitutional and parliamentary procedures. The replication also failed to properly plead the elements o…

  • Exception Procedure
  • Rule 30 Irregular Step
  • Vague And Embarrassing Pleading
  • Attorneys Act Liability
  • Constitutional Challenge
  • Unjust Enrichment
Read case analysis
Civil Procedure [2004] ZAECHC 49

Hoking and Others v Attorney Fidelity Fund Board of Control; Voysey and Others v Attorney Fidelity Fund Board of Control (19/03)

Hoking and Others v Attorney Fidelity Fund Board of Control; Voysey and Others v Attorney Fidelity Fund Board of Control (19/03) [2004] ZAECHC 49 (2 September 2004)

The court found that the plaintiffs' replication was vague and embarrassing, containing contradictory statements, references to unidentified parties, and conclusions of law without supporting material facts. The replication failed to comply with Rule 18(4) by not providing sufficient particularity, making it impossible for the defendant to respond adequately. The constitutional challenge was inadequately pleaded, as it did not set out the factual or legal basis for the alleged invalidity. The enrichment claim was unsupported by material facts and referred to parties not before the court. The…

  • Pleading Requirements
  • Exception Vague And Embarrassing
  • Attorneys Act Liability
  • Constitutional Challenge
  • Unjust Enrichment
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.