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South Africa decisions
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Buztrade 102 CC v Chetty and Others (14501/23P) [2025] ZAKZPHC 9 (31 January 2025)
The court set aside an old interdict over immovable property and ordered transfer to the applicant, rejecting objections based on misjoinder, disputes of fact, and occupational rent.
Tansnat Durban (Pty) Ltd v eThekwini Municipality and Another (D11215/2022) [2024] ZAKZDHC 1 (11 January 2024)
The court found that the arbitrator issued an impermissible hybrid award by deciding some issues and leaving the PTIG bus issue for the court, despite it being within his mandate. This contravenes the established legal principle that arbitrators must decide all matters referred to them, and hybrid orders are not permitted. The arbitrator's lack of jurisdiction to decide the PTIG issue, due to statutory restriction, did not mean the issue was not properly placed before him. The award is thus a nullity and does not require a formal setting aside under section 33 of the Arbitration Act. The cour…
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Dyibishe N.O. v Shenxane and Others (3443/2021) [2022] ZAECMKHC 92 (1 November 2022)
The High Court upheld an exception to particulars of claim in an estate property dispute, finding the pleading vague, legally unsustainable, and amendable.
Protea Chemicals A division of the OMNIA Group (Pty) Ltd v Flexicon Africa (Pty) Ltd (CA18/2019) [2019] ZAECPEHC 52 (29 August 2019)
The High Court upheld an exception to a particulars of claim that was vague and embarrassing because it did not clearly explain how clause 10 avoided waiver.
Investec Bank Limited v Isinda 154 (Pty) Ltd and Others (42079/2012) [2016] ZAGPJHC 257 (23 August 2016)
The court held that the absence of the plaintiff's signature on the loan agreement does not, as a matter of law, render the agreement unenforceable, unless a pre-existing contract prescribes such a formality. The proposed amendments to the particulars of claim, including the introduction of a tacit agreement, do not necessarily render the pleadings excipiable. The court found that the amendments are permissible as they allow for the proper ventilation of the dispute and determination of the real issues. The opportunity to consider all surrounding circumstances in determining contractual inten…
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Nedbank Ltd v Simcha Properties 12 CC and Others (341/2014) [2015] ZAFSHC 3 (5 February 2015)
The court held that the plaintiff's particulars of claim sufficiently alleged compliance with section 129(1)(a) of the National Credit Act by stating that the notice was delivered by registered post to the correct domicilium citandi et executandi. The address used was consistent with the loan agreement and mortgage bond, and any dispute regarding actual receipt or notification is a matter for evidence, not exception proceedings. The court further found that the plaintiff pleaded the material terms of the suretyship agreement and attached the agreement to the particulars of claim, satisfying t…
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Owners Underwriters And parties who Bear Risk And to the Pontoon Margaret And the Cargo of two Floating Docks And Twelve Barges v Tug Salvatiant Admiralty Action in Rem, In re: Handel and Another v Semco Salvage VI Pty Ltd and Another (AC144/10) [2014] ZAWCHC 210 (4 December 2014)
The High Court refused leave to amend admiralty particulars of claim, finding the proposed loss-of-profits amendments lacked sufficient facts for a pure economic loss claim.
Vermeulen v Goose Valley Investments (Pty) Ltd (121/99) [2001] ZASCA 53; [2001] 3 All SA 350 (A); 2001 (3) SA 986 (SCA) (29 March 2001)
The Supreme Court of Appeal held that the property description in a land sale contract had to be assessed as a composite whole and that the exception should not have been upheld.
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