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South Africa decisions
Decisions matching the current search
Salcarb KZN (Pty) Ltd v Ikwezi Mining (Pty) Ltd (2024/043364) [2024] ZAGPJHC 434 (6 May 2024)
Urgent spoliation application granted after the court found the respondent’s denials evasive and ordered restoration of access to the mining property.
EOH Mthombo (Pty) Ltd v Clarke and Others (15136/2022) [2023] ZAGPPHC 1897 (3 November 2023)
The High Court upheld an exception to a plea in a corporate dispute, finding contradictory and insufficiently particularised allegations about the Chase App and an IP agreement.
Bantsheng v Minister of Police (1179/2019) [2023] ZANWHC 118 (20 July 2023)
The High Court held the Minister of Police liable for an unlawful assault by SAPS members and awarded the plaintiff’s costs on the merits.
Media 24 (Pty) Ltd v Nhleko and Another (109/22) [2023] ZASCA 77 (29 May 2023)
The Supreme Court of Appeal upheld an amendment to a plea in a defamation case, finding the high court applied the wrong principles and demanded justification of the article rather than the pleaded defamation.
Jim v MEC for Gauteng Department of Health (2021/16030) [2023] ZAGPJHC 212 (8 March 2023)
The court held that while a party is generally not entitled to further particulars in response to a bare denial, this principle does not apply where the denial necessarily involves an implied and affirmative allegation. In this case, the defendant's denials implied that the plaintiff received proper medical treatment, a fact peculiarly within the defendant's knowledge. The absence of a pleaded version and reliance on bare denials would prejudice both parties at trial, as the issues would not be properly demarcated. The court found that the plaintiff was entitled to the requested particulars t…
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South African Securitisation Programme (RF) LTD and Others v Cellsecure Monitoring and Response (PTY) Ltd and Others (21647/2021) [2022] ZAGPPHC 925 (25 November 2022)
High Court summary judgment in a rental dispute, holding that the defendants’ bare-denial plea did not disclose a bona fide defence and granting rectification.
FFS Finance South Africa (PTY) Ltd v Kruger (46506/2021) [2022] ZAGPJHC 674 (9 September 2022)
Summary judgment was granted after the defendant’s denials of the instalment sale agreement and section 129 notice were found to be bare denials.
Changing Tides 74 (Pty) Ltd v Super Group Trading (37275/18) [2019] ZAGPJHC 325 (22 August 2019)
The High Court upheld an exception to a defendant’s plea in a lease dispute, finding the plea was a bare denial that lacked the particularity required by Rule 18(4).
Investec Bank Limited t/a Investec Private Bank v Ferreira (35667/2017) [2018] ZAGPPHC 337 (23 February 2018)
The High Court granted summary judgment to Investec Bank after finding the defendant’s response was only a bare denial and disclosed no bona fide defence.
Firstrand Bank Limited t/a Wesbank v Luvhomba Legal Axe CC (67452/2015) [2017] ZAGPPHC 844 (3 November 2017)
The High Court granted final winding-up of a close corporation after finding the creditor had shown prima facie indebtedness and the respondent raised only bare denials.
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