South Africa Case Law

Barloworld South Africa (Pty) Ltd ta Barloworld Equipment v Patraw Construction and Projects CC and Other (2021/18191)

Barloworld South Africa (Pty) Ltd ta Barloworld Equipment v Patraw Construction and Projects CC and Other (2021/18191) [2025] ZAGPJHC 414 (25 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/18191

Judge

Noko

The court found that the respondents' plea and counterclaim do not disclose a valid defence or cause of action. The waiver clause in the lease agreement precludes claims for loss of profit and other damages not directly linked to the contract. The alleged misrepresentation regarding the tracking device related to the insurance contract with MiWay, not the lease agreement between the parties, and thus cannot found a claim against the applicant under the lease. The quantum of damages, while globular, does not bar the applicant from pleading, but the counterclaim fails to demonstrate compliance…

Source excerpt

• Exception Procedure
• Contractual Waiver
• Misrepresentation
• Counterclaim Requirements
• Quantum Of Damages

Ford Motor Company of South Africa (Manufacturing) (Pty) Ltd v Omega Risk Solutions (Pty) Ltd

Ford Motor Company of South Africa (Manufacturing) (Pty) Ltd v Omega Risk Solutions (Pty) Ltd [2023] ZAGPPHC 436; 34497/2020 (13 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

34497/2020

Judge

Makamu

The High Court dismissed an exception to a plea and counterclaim, holding that missing attachment of a purchase order did not make the pleading vague or embarrassing.

• Exception To Pleadings
• Counterclaim Requirements
• Rule 30 Irregular Proceedings
• Contractual Terms
• Rule 18 Particularity
• Exception-to-pleadings

Firstrand Bank Limited v Makua (18093/2021)

Firstrand Bank Limited v Makua (18093/2021) [2022] ZAGPPHC 276 (3 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

18093/2021

Judge

M R Phooko

The High Court upheld an exception to a counterclaim in a home-loan dispute, finding the pleadings failed to disclose a cause of action and ordering amendment.

• Exception To Pleading
• Cause Of Action
• Home Loan Agreement
• Counterclaim Requirements
• Uniform Rules Of Court
• Exception-to-pleading

Wesbank (a division of Firstrand Bank Ltd) v Mzotane (1778/2021)

Wesbank (a division of Firstrand Bank Ltd) v Mzotane (1778/2021) [2022] ZAECGHC 31 (24 March 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

1778/2021

Judge

NQUMSE

The defendant's plea and counterclaim were found to be non-compliant with the Uniform Rules of Court, specifically failing to admit or deny material facts and lacking a clear and concise statement of the material facts relied upon. The defendant conceded that the pleadings were defective and required amendment. The court rejected the jurisdictional challenge, confirming that the High Court has concurrent jurisdiction with the Magistrate's Court for claims within the monetary threshold. The defendant's conduct demonstrated disregard for the rules, and the opposition to the application was with…

Source excerpt

• Irregular Proceedings
• Pleadings Non Compliance
• Rule 18 Uniform Rules
• Counterclaim Requirements

Growthpoint Properties Ltd v M Bay Specialist (Pty) Ltd and Another (62145/2019)

Growthpoint Properties Ltd v M Bay Specialist (Pty) Ltd and Another (62145/2019) [2020] ZAGPPHC 416 (21 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

62145/2019

Judge

N Davis

The court dismissed an exception to a tenant’s plea in a lease dispute, but upheld the exception to the counterclaim for lack of detail, with leave to amend.

• Exception To Pleading
• Lease Agreement
• Beneficial Occupation
• Repudiation
• Counterclaim Requirements
• Exception-to-pleading

He and She Investments (Pty) Ltd v Brand NO and Others; He and She Investments v Brand NO and Others (23198/18; 23199/18)

He and She Investments (Pty) Ltd v Brand NO and Others; He and She Investments v Brand NO and Others (23198/18; 23199/18) [2019] ZAWCHC 15; 2019 (5) SA 492 (WCC) (26 February 2019)

Court

Western Cape High Court, Cape Town

Case number

23198/18; 23199/18

Judge

P A Myburgh

The court found that the respondents failed to disclose a bona fide and legally sufficient defence to resist summary judgment. Their affidavits lacked particularity and completeness, failing to provide material facts regarding the alleged agreements, use of funds, and the basis for their defences. The purported agreement to misappropriate funds via fleet cards was illegal and unenforceable, being contrary to public policy and good morals. The counterclaim by Goosen was inadequately pleaded and did not meet the threshold for a valid claim. The defence of prescription was rejected as the claims…

Source excerpt

• Summary Judgment
• Fraudulent Misrepresentation
• Abuse Of Credit Facilities
• Illegal Agreements
• Prescription Act
• Counterclaim Requirements

Lewis Kaplan Import & Export CC T/A Kaplan Quantity v Shine Sharks (Pty) Ltd T/A Serengetti Lounge (19395/14)

Lewis Kaplan Import & Export CC T/A Kaplan Quantity v Shine Sharks (Pty) Ltd T/A Serengetti Lounge (19395/14) [2014] ZAGPJHC 433 (8 October 2014)

Court

South Gauteng High Court, Johannesburg

Case number

19395/14

Judge

Weiner

Summary judgment was granted for the uncontested portion of a goods-sold claim, while leave to defend remained for the balance because the counterclaim was insufficiently particularised.

• Summary Judgment
• Counterclaim Requirements
• Goods Sold And Delivered
• Damages Calculation
• Summary-judgment
• Counterclaim

Lynnwood Forum (Pty) Ltd v Danton Pub CC and Others (65945/2013)

Lynnwood Forum (Pty) Ltd v Danton Pub CC and Others (65945/2013) [2014] ZAGPPHC 310 (23 May 2014)

Court

North Gauteng High Court, Pretoria

Case number

65945/2013

Judge

C J Collis

High Court summary judgment for unpaid commercial rent and deposit under a lease, with sureties liable. The defendants’ proposed counterclaim was too vague and unquantified.

• Summary Judgment
• Lease Agreement
• Suretyship
• Liquidated Claim
• Counterclaim Requirements
• Summary-judgment

Catai Transport Solutions (Pty) Ltd v Aim Group (Pty) Ltd (14177/2011)

Catai Transport Solutions (Pty) Ltd v Aim Group (Pty) Ltd (14177/2011) [2011] ZAGPJHC 117 (29 July 2011)

Court

South Gauteng High Court, Johannesburg

Case number

14177/2011

Judge

FHD Van Oosten

The court granted payment against the respondent after finding its alleged counterclaims were not bona fide or sustainable and accepted the applicant’s reconciled quantum.

• Rei Vindicatio
• Reservation Of Ownership
• Counterclaim Requirements
• Quantum Of Claim
• Acknowledgement-of-debt
• Bona-fide-counterclaim