South Africa Case Law

Macingwane and Another v Bosasa Youth Development Centres Proprietary Limited and Others (17095/2020)

Macingwane and Another v Bosasa Youth Development Centres Proprietary Limited and Others (17095/2020) [2024] ZAGPJHC 568 (24 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

17095/2020

Judge

Fisher

The High Court dismissed an exception to amended particulars of claim, holding that parties may be joined for convenience or possible interest without a pleaded cause of action.

• Joinder Of Parties
• Exception Procedure
• Cause Of Action Pleading
• Abuse Of Process
• Joinder-of-parties
• Exception-procedure

Firstand Bank Ltd v Singh and Others (4273/2012)

Firstand Bank Ltd v Singh and Others (4273/2012) [2015] ZAGPJHC 279 (30 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

4273/2012

Judge

Chaitram

The High Court dismissed a bank debtors’ exception and point in limine, holding that the declaration and simple summons did not materially differ and that the bank had a valid basis to call up the facility.

• Suretyship
• Facility Agreement
• Exception Procedure
• Business Rescue
• Cause Of Action Pleading
• Exception-procedure

Absa Bank Limited v Kriel and Another (54240/09)

Absa Bank Limited v Kriel and Another (54240/09) [2015] ZAGPPHC 999 (7 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

54240/09

Judge

H R Fourie

The applicant failed to prove dispatch of the notice of termination of debt review to the respondents prior to instituting action, and service of summons with the notice did not constitute compliance with section 86(10) of the National Credit Act. However, the applicant subsequently dispatched the notice in accordance with section 86(10) and provided proof of delivery. The respondents' opposition based on procedural defects and lack of cause of action was rejected, as compliance with section 129 and section 86(10) is a procedural requirement, not part of the cause of action. The court declare…

Source excerpt

• National Credit Act
• Debt Review Termination
• Section 86 10 Compliance
• Section 129 Notice
• Cause Of Action Pleading

Ascendant Cashflow Solutions (Pty) Ltd v Heydenreich N.O. and Another (CA&R70/2012)

Ascendant Cashflow Solutions (Pty) Ltd v Heydenreich N.O. and Another (CA&R70/2012) [2015] ZANCHC 15 (3 July 2015)

Court

Northern Cape High Court, Kimberley

Case number

CA&R70/2012

Judges

Pakati, Erasmus

High Court appeal against an upheld exception succeeded. The court held the pleadings disclosed a cause of action and that trustee-members could be liable.

• Close Corporations Act
• Exception Procedure
• Trustee Liability
• Cause Of Action Pleading
• Close-corporations-act
• Exception-procedure

Nedbank Ltd v Simcha Properties 12 CC and Others (341/2014)

Nedbank Ltd v Simcha Properties 12 CC and Others (341/2014) [2015] ZAFSHC 3 (5 February 2015)

Court

Free State High Court, Bloemfontein

Case number

341/2014

Judge

L.B.J. Moeng

The court held that the plaintiff's particulars of claim sufficiently alleged compliance with section 129(1)(a) of the National Credit Act by stating that the notice was delivered by registered post to the correct domicilium citandi et executandi. The address used was consistent with the loan agreement and mortgage bond, and any dispute regarding actual receipt or notification is a matter for evidence, not exception proceedings. The court further found that the plaintiff pleaded the material terms of the suretyship agreement and attached the agreement to the particulars of claim, satisfying t…

Source excerpt

• National Credit Act Compliance
• Suretyship Agreement
• Exception Proceedings
• Cause Of Action Pleading

ABSA Bank Ltd v Studdard and Another (2011/24206)

ABSA Bank Ltd v Studdard and Another (2011/24206) [2012] ZAGPJHC 26 (13 March 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2011/24206

Judge

W L Wepener

The court held that a simple summons seeking default judgment on a loan claim must attach the written loan agreement and mortgage bond.

• Default Judgment
• Simple Summons
• Attachment Of Documents
• Mortgage Bond Enforcement
• Cause Of Action Pleading
• Rule 17 2 B Requirements

J J Lazenby t/a Lazenby Transport v Saayman NO (1246/06)

J J Lazenby t/a Lazenby Transport v Saayman NO (1246/06) [2009] ZAFSHC 6 (29 January 2009)

Court

Free State High Court, Bloemfontein

Case number

1246/06

Judge

H.M. Musi

The court dismissed a special plea based on plene administravit, holding that a creditor may sue an executrix who has not been discharged under the Act.

• Administration Of Estates Act
• Plene Administravit Defence
• Cause Of Action Pleading
• Distribution Of Estate Assets
• Administration-of-estates
• Plene-administravit

BMW Financial Services SA (Pty) Ltd v Hamel (36540/06)

BMW Financial Services SA (Pty) Ltd v Hamel (36540/06) [2007] ZAGPHC 221 (21 September 2007)

Court

High Courts - Gauteng

Case number

36540/06

Judge

AM L Phatudi

The High Court dismissed an exception to particulars of claim in a damages action under an instalment sale agreement, holding the cause of action was sufficiently pleaded.

• Exception To Particulars Of Claim
• Installment Sale Agreement
• Cause Of Action Pleading
• Magistrates Court Withdrawal
• Exception-to-particulars-of-claim
• Cause-of-action-pleading