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South Africa decisions
Decisions matching the current search
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.
Idwala Industrial Holdings Limited v Amserve Equipment (Pty) Limited (8475/2017) [2025] ZAGPJHC 83 (31 January 2025)
High Court contract dispute over an initial manufacturing agreement, take-or-pay terms, advance payments, and restitution after termination by effluxion of time.
Macassar Land Claims Committee v Maccsand CC and Others (LCC37/2003) [2024] ZALCC 22 (16 August 2024)
The Land Claims Court ordered separation of two preliminary issues: the extent of pre-1998 claims by the MJC and CDH Trust, and whether their 2015 counterclaims were duly lodged.
Bitumproof (Pty) Ltd v AJP Management Enterprises (Pty) Ltd and Others (2021/592036) [2023] ZAGPJHC 999 (21 August 2023)
The High Court struck out irregular third-party notices, counterclaims, and a notice of intention to defend filed under rule 13, and ordered costs against the defendant.
ABSA Bank Limited v Mosima and Another (15820/2022) [2023] ZAGPPHC 682 (17 August 2023)
The High Court dismissed a Rule 30A application and upheld exceptions to two counterclaims, finding no cause of action on iniuria and malicious proceedings.
C.C (Nee O) v D.G.C - Appeal (A91/2023) [2023] ZAWCHC 204; 2024 (3) SA 109 (WCC) (14 August 2023)
The High Court held that a R1.7 million counterclaim in a divorce matter was not sufficiently connected to the divorce and fell outside Regional Court jurisdiction.
Ford Motor Company of South Africa (Manufacturing) (Pty) Ltd v Omega Risk Solutions (Pty) Ltd [2023] ZAGPPHC 436; 34497/2020 (13 June 2023)
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.
Standard Bank of South Africa Ltd v Gwasai and Another (7916/2021) [2023] ZAGPJHC 61 (27 January 2023)
The High Court granted Standard Bank judgment, declared the Kyalami property specially executable, and dismissed the second respondent’s counterclaims and interdict.
Viljoen v Iraklion Trading CC (2020/36177) [2022] ZAGPJHC 36 (20 January 2022)
The High Court dismissed a Rule 30 application to set aside a plea and counterclaim as irregular, finding no substantial prejudice and adequate compliance with the rules.
Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427) [2021] ZAGPJHC 836 (20 December 2021)
Summary judgment was granted for unpaid certified construction invoices. The court held the certificates were liquid documents and rejected the respondent’s defence and counterclaim.
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