South Africa Case Law

Member of the Executive Council for Human Settlements, Gauteng v Katekani Investment (21/14457)

Member of the Executive Council for Human Settlements, Gauteng v Katekani Investment (21/14457) [2025] ZAGPJHC 85 (3 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21/14457

Judge

Cornelissen

The applicant provided a reasonable explanation for the delay, primarily due to pursuing a stay application on senior counsel's advice. The delay was not wilful or grossly negligent. The application to uplift the bar is bona fide and not intended to frustrate the respondent's claim. There was no reckless or intentional disregard of the Uniform Rules of Court. The applicant's defence, based on the respondent's alleged poor performance and failure to complete the contracted works, is not ill-founded and has prospects of success. The respondent's opposition was justified due to the lengthy delay…

Source excerpt

• Condonation Of Late Plea
• Upliftment Of Bar
• Contract Termination
• Damages Claim

Nu-Shop Holdings (Pty) Ltd v Kasle Properties (Pty) Ltd (D9608/2021)

Nu-Shop Holdings (Pty) Ltd v Kasle Properties (Pty) Ltd (D9608/2021) [2024] ZAKZDHC 51 (14 August 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D9608/2021

Judge

M E Nkosi

The High Court removed a bar and condoned the late delivery of a plea, finding the delay explained by attorney negligence that was not gross enough to deny relief.

• Condonation Of Late Plea
• Upliftment Of Bar
• Lease Agreement Dispute
• Arrear Rental
• Remission Of Rent Due To Lockdown
• Upliftment-of-bar

Pick n Pay Retailers (Pty) Ltd v Abdoola and Another (D8121/2022)

Pick n Pay Retailers (Pty) Ltd v Abdoola and Another (D8121/2022) [2024] ZAKZDHC 11 (11 March 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D8121/2022

Judge

ME Nkosi

The defendants failed to deliver their plea within the prescribed time and did not provide a reasonable or satisfactory explanation for the delay. The exception raised by the defendants was found to be without merit and did not disclose a valid defence. The court determined that the defendants' conduct was mala fide and intended to delay the plaintiff's claim. The plaintiff's particulars of claim were found to be clear, concise, and to disclose a valid cause of action. Consequently, the application for condonation and upliftment of bar was dismissed, and default judgment was granted in favour…

Source excerpt

• Condonation Of Late Plea
• Default Judgment
• Franchise Agreement
• Suretyship
• Exception To Particulars Of Claim

Maseko and Another v Minister of Police (62925/2014)

Maseko and Another v Minister of Police (62925/2014) [2018] ZAGPPHC 707 (16 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

62925/2014

Judge

MIA

The High Court granted condonation for a late plea, lifted the bar, and postponed default judgment in an unlawful arrest claim against the Minister of Police.

• Condonation Of Late Plea
• Unlawful Arrest And Detention
• Default Judgment
• Lifting Of Bar
• Condonation
• Lifting-bar