South Africa Case Law

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412)

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412) [2025] ZAGPJHC 531 (28 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/077412

Judge

Wijnbeek

The High Court held the respondent had no right to occupy the Houghton units, found the loan had been settled, and dismissed the conditional counterclaim.

• Sectional Title Scheme
• Declaratory Relief
• Arbitration Clause
• Loan Settlement
• Occupational Rental
• Conditional Counterclaim

N.Q.M v N.W.M and Another (2018/39527)

N.Q.M v N.W.M and Another (2018/39527) [2022] ZAGPJHC 5 (3 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2018/39527

Judge

F Karachi

The High Court uplifted a bar to allow an amended plea and conditional counterclaim, finding the delay sufficiently explained and a bona fide defence shown.

• Upliftment Of Bar
• Forfeiture Of Benefits
• Divorce Act Section 9
• Amended Plea
• Conditional Counterclaim
• Upliftment-of-bar

ABSA Technologies Finance Solutions (Pty) Ltd v ICT Globe Management (Pty) Ltd (2513/2016)

ABSA Technologies Finance Solutions (Pty) Ltd v ICT Globe Management (Pty) Ltd (2513/2016) [2018] ZAGPPHC 416 (12 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

2513/2016

Judge

B Neukircher

The High Court held that a party relying on a written contract must annex it to its pleading under Rule 18(6), and that Rule 35(12) requires inspection of originals, not just copies.

• Rule 18 6 Contract Pleading
• Rule 30 Irregular Proceedings
• Rule 35 12 Document Inspection
• Conditional Counterclaim
• Breach Of Contract
• Rule-18-6-contract-pleading

Durr v Noe and Others (6802/2013)

Durr v Noe and Others (6802/2013) [2017] ZAWCHC 162 (8 September 2017)

Court

Western Cape High Court, Cape Town

Case number

6802/2013

Judge

Andrews AJ

The High Court dismissed an exception to a conditional counterclaim in a partnership dispute, holding the claim could not be struck out before the main issues were tried.

• Partnership Agreement
• Actio Pro Socio
• Conditional Counterclaim
• Liquidation Of Partnership
• Statement And Debatement
• Partnership-agreement

Union Finance Holdings (Pty) Ltd v Bonugli NO and Another (1866/2003)

Union Finance Holdings (Pty) Ltd v Bonugli NO and Another (1866/2003) [2012] ZAGPJHC 88; 2013 (2) SA 449 (GSJ) (9 May 2012)

Court

South Gauteng High Court, Johannesburg

Case number

1866/2003

Judge

FHD Van Oosten

The court held that the defendant failed to establish reciprocity of debts as required by section 13(2) of the Prescription Act. The restructuring of the loan account by reversal of credits and debits did not create reciprocal obligations between the parties. The court found that prescription could be raised in interlocutory proceedings, overruling the contrary approach in Rand Staple-Machine Leasing (Pty) Ltd v ICI (SA) Ltd. As more than three years had elapsed since the debts became due, the proposed counterclaims were prescribed. The application for leave to introduce conditional countercl…

Source excerpt

• Conditional Counterclaim
• Prescription Act
• Reciprocity Of Debts
• Loan Account Restructuring
• Interlocutory Proceedings

Steinhoff Timber Group (Pty) Ltd v Cachecorp Procument (Pty) Ltd (9962/08)

Steinhoff Timber Group (Pty) Ltd v Cachecorp Procument (Pty) Ltd (9962/08) [2009] ZAKZPHC 56 (25 September 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9962/08

Judge

M Govindasamy

High Court held the defendant’s conditional counterclaim was vague and embarrassing because it did not clearly identify the contract or contracting party.

• Vague And Embarrassing Pleading
• Conditional Counterclaim
• Contractual Relationship
• Quantum Of Damages
• Vague-and-embarrassing-pleading
• Conditional-counterclaim

Marais v Van Deventer NO and Others (1671/07)

Marais v Van Deventer NO and Others (1671/07) [2008] ZANCHC 44 (26 September 2008)

Court

Northern Cape High Court, Kimberley

Case number

1671/07

Judge

Majiedt R

The High Court upheld an exception to a trust’s conditional enrichment counterclaim concerning improvements to its own immovable property.

• Enrichment Action
• Conditional Counterclaim
• Transfer Of Immovable Property
• Ownership Registration
• Enrichment-action
• Conditional-counterclaim