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South Africa decisions
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Unitrade 1047 (Pty) t/a Isidingo Security Services v Metsimaholo Local Municipality (245/2024) [2025] ZAFSHC 190 (24 June 2025)
The High Court dismissed an exception to a counterclaim, holding the issues had already been finally decided and were barred by res judicata.
Mahofa v Protobac (Pty) Ltd and Another (JS162/24) [2025] ZALCJHB 95 (3 March 2025)
The Labour Court upheld an exception to an amended statement of claim, finding no pleaded basis for joint liability or salary claims against the second defendant.
Lebotsi Renovations and Projects Management (Pty) Ltd and Another v Vrey and Others (2024-005583) [2025] ZAGPPHC 70 (20 January 2025)
The High Court dismissed an exception to amended particulars of claim, holding the pleadings were sufficiently clear and that non-joinder was not a proper ground.
Maximum Profit Recovery (Pty) Ltd v Vaal Central Water Board (6120/2023) [2024] ZAFSHC 362 (13 November 2024)
The High Court dismissed an exception to particulars of claim, holding the pleadings disclosed a cause of action and that the vagueness complaint was not properly raised.
K.S-D v R.G.D and Others (637/2024) [2024] ZAECQBHC 66 (8 October 2024)
The High Court upheld exceptions to particulars of claim about beach-house access, finding the alleged agreement vague, embarrassing, and unsupported as pleaded.
Chivers v Padayachee (2023-074039) [2024] ZAGPPHC 931 (20 September 2024)
The court dismissed an exception to a claim on an oral loan agreement, finding the Consumer Protection Act did not apply because the loan was not shown to be in the ordinary course of business and for consideration.
Member of the Executive Council of the Department of Human Settlements, Free State Province v NTSU Building Materials (Pty) Ltd (A144/2023) [2024] ZAFSHC 252 (22 August 2024)
The court found that the amended particulars of claim did not substantiate a cause of action based on unjustified enrichment on all possible readings of the allegations. Although the High Court at times referred to the wrong test, it also applied the correct test for exception. The pleadings established a nexus other than unjustified enrichment, and the wording may have established a causa, but not the one pleaded. The payments were made pursuant to a causa, even if subsequently declared unlawful, and it was not pleaded that the building materials were not delivered. Therefore, the appeal was…
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Pro Secure (Pty) Ltd v Special Investigating Unit (LP/03/2022) [2024] ZAST 5 (24 July 2024)
The Tribunal found that the SIU is empowered by statute to institute proceedings in its own name or on behalf of the relevant state institution, and that the particulars of claim sufficiently allege contraventions of procurement law and irregular payments to Pro Secure. The excipient failed to demonstrate that no cause of action is disclosed on any reasonable interpretation of the pleadings. The argument regarding non-joinder is without substance, as the SIU is statutorily authorised to act in this manner. The Tribunal further held that the proceedings were not instituted under PAJA but on th…
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Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023) [2024] ZASCA 99 (14 June 2024)
The Supreme Court of Appeal held that the high court erred in dismissing the appellant's claim on a point in limine. The parties had agreed in the interim award that the findings of the independent expert would be final and binding. The SGS report constituted the cause of action, and the appellant's claim was founded on that report. The high court misconstrued the issue by focusing on the validity of the interim award rather than whether the SGS report satisfied the agreed condition precedent for payment. The interim award, as defined by the Arbitration Act, was valid, and the settlement agre…
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Passenger Rail Agency of South Africa v Moollas Transport Services CC trading as My Bus African Grey and Others (D174/2022) [2024] ZAKZDHC 29 (21 May 2024)
The High Court upheld an exception to a counterclaim based on alleged Competition Act damages, holding that no cause of action arose without a Tribunal finding and certificate.
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