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South Africa decisions
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A V Theron and Swanepoel Incorporated and Another v Knott (237/2024) [2025] ZASCA 84 (10 June 2025)
The Supreme Court of Appeal held that the respondent failed to prove damages from negligent legal advice because the two sale agreements were not comparable.
Ekxellent Recruitment Solutions v Sibanye Stillwater (2024/020746) [2025] ZAGPJHC 33 (21 January 2025)
The High Court upheld an exception to particulars of claim in a contract damages dispute, finding the pleaded facts did not sustain a cause of action.
Tswaing Local Municipality v Ramphele and Others (M195/15) [2024] ZANWHC 84 (25 March 2024)
The court found that material disputes of fact exist regarding the existence and terms of a settlement agreement, the amount owed by the applicant to the first respondent, and the validity of the writs of execution. These disputes cannot be resolved on the papers. In the interests of justice, the court exercised its discretion under Rule 6(5)(g) of the Uniform Rules of Court to stay the writs of execution and refer the matter for oral evidence. The pleadings are to be deemed as summons, particulars of claim, plea, and replication, with further procedures to follow the Uniform Rules of Court.
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BP Southern Africa (Pty) Ltd v Evaton Fuels CC (21/36781) [2023] ZAGPJHC 903 (15 August 2023)
The court held that Evaton Fuels' particulars of claim were sufficient to disclose causes of action in both contract and delict. The tacit terms did not conflict with the express agreement, and thus did not require pleading of surrounding circumstances. The identification of individuals responsible for the lease extension shifted the burden to BP to plead lack of authority. The damages calculation was adequately particularised for BP to plead. The delictual claim was sustainable, as the facts alleged established a legal duty and the nature of the relationship made BP's duty to disclose forese…
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E.L v Verster-Roos Incorporated (Pty) Ltd (25888/2021) [2023] ZAGPPHC 634 (31 July 2023)
The court found that the plaintiff's particulars of claim failed to disclose a cause of action. The payment of the pension fund to the husband did not constitute damages to the plaintiff, as the pension interest remains an asset of the joint estate under the Divorce Act. No facts were pleaded to establish a right to freeze the pension fund or to satisfy the requirements for interdictory relief. The plaintiff's argument that alienation could be proven at trial was rejected, as this would constitute a different cause of action than pleaded. Accordingly, both grounds of exception were upheld, an…
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Sampson v Minister of Justice and Correctional Services and Others [2023] ZAGPPHC 450; 81791/2018 (19 June 2023)
The High Court upheld defendants’ condonation request and exceptions, finding the plaintiff’s third particulars of claim vague, embarrassing, and lacking a cause of action.
Zerbatone Mining (Pty) Ltd v Dwarsrivier Chrome Mine (Pty) Ltd (3389/2021) [2023] ZALMPPHC 16 (24 March 2023)
The court found that the plaintiff's particulars of claim, when read as a whole and interpreted benevolently, disclose a cause of action that the defendant can answer. The grounds for exception raised by the defendant are technical and largely subject to interpretation, and do not demonstrate that the claim is bad in law on every reasonable construction. The court emphasized that pleadings need only set out material facts and not evidence or legal conclusions, and that any technical deficiencies can be addressed at trial. The defendant failed to show serious prejudice if the exception was not…
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Prowalco (PTY) Limited v Venter and Others (43483/2020) [2022] ZAGPPHC 1021 (28 November 2022)
The High Court dismissed an exception to particulars of claim in a corporate dispute, holding the pleadings sufficient for both a damages claim and a section 162 delinquency claim.
SixBar Trading 645 CC v ABSA Insurance Company Limited (9855/2015) [2022] ZAKZDHC 21 (19 April 2022)
The High Court held that Sixbar Trading proved a covered loss of rental under its insurance policy and awarded R1.2 million, interest, and costs.
John Wright Veneers (SA) (Pty) v Komatieland Forests SOC Limited (52088/2018) [2021] ZAGPPHC 107 (16 February 2021)
The High Court held that a settlement agreement did not include an obligation to deliver additional logs, and dismissed the plaintiff’s damages claim with costs.
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