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South Africa decisions
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Dikoko v Tswelopele Local Municpality and Others (3675/2023) [2024] ZAFSHC 5 (8 January 2024)
The High Court dismissed a bid to set aside a municipal appointment, holding that the applicant failed to disclose a proper cause of action and could not use PAIA for litigation access.
Jacobs and Others v Companie Francais D'Assurance Pour Le Commerce Ex Terieur and Another (042730/2022) [2023] ZAGPPHC 2019 (11 December 2023)
The High Court upheld exceptions to particulars of claim, finding the pleading vague and embarrassing and lacking averments for a cause of action.
Macsteel Trading Welkom v Hattingh (2710/2020) [2021] ZAFSHC 173; 2022 (2) SACR 511 (FB) (3 August 2021)
The High Court dismissed an exception to particulars of claim in a sale-and-suretyship debt claim, holding the pleadings disclosed a cause of action.
Diedricks v Rex (865/2020) [2020] ZAFSHC 253 (3 December 2020)
The court found that the defendant's counterclaim was vague and embarrassing, lacking the necessary averments to disclose a cause of action for defamation. The pleadings did not set out the elements of defamation with sufficient particularity, making it difficult for the plaintiff to respond. The court held that the exception relating to the formulation of the counterclaim was well-founded and upheld the exception on these grounds. However, the court dismissed the exception on jurisdiction, finding that for convenience and appropriateness, the Free State Division could assume jurisdiction ove…
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Makhambi v MEC For Health, Eastern Cape and Another (3262/2018) [2018] ZAECMHC 63 (20 November 2018)
The court dismissed a PAIA application for medical records because the request and internal appeal were not properly directed or supported by the required affidavit allegations.
Ngcame v KSD Municipality and Others (1924/14) [2016] ZAECMHC 3 (3 March 2016)
The High Court dismissed an application to join Eco Car Hire CC as a co-defendant, finding no direct and substantial interest and only a possible financial interest.
Gillyfrost 54 (Pty) v Nelson Mandela Bay Metropolitan Municipality (1099/2013) [2015] ZAECPEHC 47; [2015] 4 All SA 58 (ECP) (28 July 2015)
The High Court upheld an exception to a claim challenging municipal property rates, holding that the attack was really on administrative valuation decisions that had to be pleaded as a PAJA review.
Muller v Kaplan and Others (33641/2011) [2014] ZAGPPHC 556 (24 July 2014)
The High Court upheld exceptions to a plaintiff’s particulars of claim against insolvency trustees, finding the claims vague, incomplete, and partly barred by prior orders.
Chater v Cooper NO and Another (49155/09) [2010] ZAGPPHC 73 (27 July 2010)
The court held that the exception should not succeed, as the defendants failed to demonstrate that the particulars of claim were excipiable on every reasonable interpretation. The plaintiff's citation of the defendants in their official capacities was found to be proper, and the authorities relied upon by the defendants did not support their contention that the claim could only be brought against the company in liquidation represented by its liquidator. The court was not convinced that the exception should succeed either on the merits or on the basis that the defendants had met the onus.
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Bashe v Meyer and Another (2098/2008) [2008] ZAECHC 187 (6 November 2008)
Urgent application dismissed where a mother failed to show an ESTA-based right to bury her son on a farm or an established burial practice.
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