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South Africa decisions
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Louw v Superdoc One CC (5177/2021) [2025] ZAFSHC 89 (6 March 2025)
The court held that rule 47 does not permit striking out a defence to a counterclaim for failure to furnish security for costs.
S.T.C v K.Z.K (069787/2023) [2024] ZAGPJHC 1066 (21 October 2024)
The court found that the applicant, an admitted advocate, failed to provide a satisfactory and detailed explanation for the delay in filing his plea and did not disclose prospects of success in his founding affidavit. His conduct demonstrated disregard for the rules, including failure to serve the application, upload documents, and comply with procedural requirements. The applicant's constitutional right to access the court does not override the necessity to comply with procedural rules and requirements for condonation. Regarding the counterclaim, the court held that it was not delivered simu…
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Silvermoon Investments 145 CC trading as Ocean Echo Properties v Minister, National Department of Public Works and Human Settlements and Another (D16012/2016) [2024] ZAKZDHC 52 (27 August 2024)
The court found that the SIU retains locus standi as it continues to have a direct and substantial interest in the proceedings, given its statutory mandate to investigate and recover state losses from fraud and mala administration. The SIU's joinder was properly ordered and cannot be revisited absent default, error, or common mistake. The defence of res judicata does not apply, as the issues before the court differ from those previously decided. The SIU's application for leave to file a new counterclaim and amend its plea, despite a lengthy delay, is granted in the interests of justice, as th…
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Dey Street Properties (Pty) Ltd v Wilrus Trading CC and Another (A7/2023) [2024] ZAGPPHC 1290 (29 July 2024)
The court held that the counter application and main application were factually and legally interrelated, and that deciding the counter application separately risked inconsistent and unjust outcomes. The relief granted in the counter application, including rectification of the lease and enforcement of the right of first refusal, depended on whether the lease agreement had been validly cancelled—a matter central to the main application. The court found that procedural objections raised by the respondent, including late filing and failure to furnish security for costs, did not result in real pr…
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Wozani Berg Gasoline (Pty) Ltd v Mkhondo Oil and Diesel (Pty) Ltd (48/2019) [2024] ZAMPMBHC 34 (9 May 2024)
The court dismissed an application for further particulars but granted an application to compel further discovery in a commercial fuel-payment dispute.
First Rand Bank Limited t/a Wesbank v Remoja Trust and Another (41752/2020) [2023] ZAGPJHC 1151 (12 October 2023)
The High Court set aside a notice of bar because it was premature under Rule 24, where the reconventional claim and plea had not been delivered together.
Finbond Mutual Bank v Magau and Others (LCC136/2020) [2023] ZALCC 33; 2024 (3) SA 453 (LCC) (25 August 2023)
The Land Claims Court dismissed a third respondent’s counterclaim for damages arising from an allegedly irregular ESTA eviction process.
Neutron Energy Africa (Pty) Ltd v Hengyi Electrical Co Ltd (58561/2021) [2023] ZAGPJHC 1307 (20 March 2023)
The High Court granted condonation for a late answering affidavit and allowed a defendant to deliver a late counterclaim under rule 24(1), ordering costs in the action.
Wigget v Wannenburgs (62509/2020) [2022] ZAGPPHC 386 (6 June 2022)
The High Court granted leave to file a late counterclaim under Rule 24(1), finding a reasonable explanation for the delay and that the applicant was entitled to counterclaim.
Standard Bank of South Africa Ltd v Jawiklane (Pty) Ltd and Others (31868/2019) [2021] ZAGPPHC 381 (17 June 2021)
The High Court partly granted a Rule 21 application for further particulars in a bank debt and counterclaim dispute, while refusing requests seeking legal admissions.
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