South Africa Case Law

Zephan Properties (Pty) Ltd and Others v PLG Affected Creditors Group and Others (044345/2023)

Zephan Properties (Pty) Ltd and Others v PLG Affected Creditors Group and Others (044345/2023) [2024] ZAGPPHC 1037 (7 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

044345/2023

Judge

SJ Cowen

The court upheld a Rule 30A challenge in part, requiring the applicants to cure defects in authority and citation, while postponing the main application sine die.

• Business Rescue
• Joinder Of Parties
• Citation Of Parties
• Authority Of Attorney
• Rule 7 Dispute
• Rule 30a Irregular Steps

Moreo v Coetzer t/a Berea Motors (NW12/2023)

Moreo v Coetzer t/a Berea Motors (NW12/2023) [2024] ZACONAF 10 (11 April 2024)

Court

Consumer Affairs Court

Case number

NW12/2023

Judge

KJP Kgomongwe

The court dismissed a special plea over citation, finding the consumer had contracted with Berea Motors as presented and that no prejudice arose.

• Consumer Protection Act
• Citation Of Parties
• Contractual Privity
• Special Plea
• Supplier Liability
• Consumer-protection

Mihloti and Another v Ekurhuleni Metropolitan Police Department and Another (22/5396)

Mihloti and Another v Ekurhuleni Metropolitan Police Department and Another (22/5396) [2022] ZAGPJHC 151 (16 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22/5396

Judge

Moorcroft

Urgent application over alleged unlawful occupation of municipal land was dismissed because the applicants showed no clear or prima facie right to occupy the property.

• Unlawful Occupation
• Eviction Proceedings
• Interim Interdict
• Damages Claim
• Citation Of Parties
• Unlawful-occupation

Barrisford Brent Petersen Law Incorporated and Another v Donald Robert Mitchell trading as Mitchell & Co (A194/2021)

Barrisford Brent Petersen Law Incorporated and Another v Donald Robert Mitchell trading as Mitchell & Co (A194/2021) [2021] ZAWCHC 251 (3 December 2021)

Court

Western Cape High Court, Cape Town

Case number

A194/2021

Judges

Samela, Wille

High Court appeal against refusal to rescind a default judgment for professional fees. The court found no good cause, no valid defence, and dismissed the appeal.

• Rescission Of Default Judgment
• Condonation
• Professional Fees Dispute
• Prescription
• Citation Of Parties
• Rescission-of-default-judgment

Macsteel Tube and Pipe , A Division of Macsteel Service Centres SA (Pty) Ltd v Vowles Properties (Pty) Ltd (A3005/2019)

Macsteel Tube and Pipe , A Division of Macsteel Service Centres SA (Pty) Ltd v Vowles Properties (Pty) Ltd (A3005/2019) [2020] ZAGPJHC 118 (20 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A3005/2019

Judges

S C Mia, PH Malungana

Appeal against an order allowing amendment of a magistrates’ court claim was dismissed. The court upheld jurisdiction by consent, no prescription, and no real prejudice.

• Amendment Of Pleadings
• Jurisdiction Of Magistrates Court
• Prescription
• Citation Of Parties
• Condonation
• Amendment-of-pleadings

Ba Ga Phadima and Another v Premier: Northern Cape and Others (1050/16)

Ba Ga Phadima and Another v Premier: Northern Cape and Others (1050/16) [2019] ZANCHC 52 (4 October 2019)

Court

Northern Cape High Court, Kimberley

Case number

1050/16

Judge

BM Pakati

The High Court held that a review aimed at Commission recommendations, not a decision, was an irregular step under Rule 30(2)(b) and set it aside.

• Irregular Proceedings
• Locus Standi
• Review Of Administrative Action
• Traditional Leadership Disputes
• Citation Of Parties
• Irregular-proceedings

Magnum Packaging (Pty) Ltd v Franchising To Africa (Pty) Ltd (13306/17)

Magnum Packaging (Pty) Ltd v Franchising To Africa (Pty) Ltd (13306/17) [2017] ZAGPPHC 459 (28 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

13306/17

Judge

Malungana

Summary judgment was refused where the plaintiff could not clearly identify the liable defendant and the defendants disclosed arguable defences under Rule 32.

• Summary Judgment
• Rule 32 Uniform Rules
• Contractual Liability
• Defective Goods
• Counterclaim
• Citation Of Parties

Wilcass Group CC v The Premier of Limpopo Provincial Government and Another (29074/12)

Wilcass Group CC v The Premier of Limpopo Provincial Government and Another (29074/12) [2015] ZAGPPHC 795 (19 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

29074/12

Judge

Legodi

The court held that the plaintiff, Wilcass Group CC, failed to establish locus standi to institute proceedings in its own name without reference to its liquidation or representation by its liquidators. Section 386(4)(a) of the Companies Act 61 of 1973 requires that only the liquidators may institute or defend proceedings on behalf of a company in liquidation, and the citation must reflect this authority. The particulars of claim did not plead the necessary authority or locus standi, and oral evidence on this point would not cure the defect, as it is a matter of law that must be pleaded. The f…

Source excerpt

• Locus Standi
• Liquidation Proceedings
• Citation Of Parties
• Companies Act Section 386

Vereeniging Abttoir (Pty) Ltd v Food and Allied Workers Union and Others (J2151/13)

Vereeniging Abttoir (Pty) Ltd v Food and Allied Workers Union and Others (J2151/13) [2014] ZALCJHB 452 (20 November 2014)

Court

Labour Court Johannesburg

Case number

J2151/13

Judge

Molahlehi

The Labour Court refused leave to appeal against dismissal of a contempt application arising from a strike interdict, finding no reasonable prospects of success.

• Contempt Of Court
• Strike Interdict
• Leave To Appeal
• Citation Of Parties
• Leave-to-appeal
• Contempt-of-court

Ntchengulana v Metropolitan Life Limited / Retirement Annuity Fund and Another (193/2014)

Ntchengulana v Metropolitan Life Limited / Retirement Annuity Fund and Another (193/2014) [2014] ZAECMHC 22 (29 May 2014)

Court

Eastern Cape High Court, Mthatha

Case number

193/2014

Judge

B Majiki

The High Court discharged a rule nisi and dismissed contempt proceedings after finding the applicant cited the wrong entities and failed to establish jurisdiction.

• Citation Of Parties
• Jurisdiction
• Contempt Of Court
• Pension Benefits
• Citation-of-parties
• Contempt-of-court