South Africa Case Law

Sarmcol Quality Tyres (Pty) Ltd and Others v Farrel Incorporated and Another (8147/2022P)

Sarmcol Quality Tyres (Pty) Ltd and Others v Farrel Incorporated and Another (8147/2022P) [2023] ZAKZPHC 46 (5 May 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8147/2022P

Judge

Mossop

The High Court upheld only three of eleven exceptions to particulars of claim in an attorney-negligence dispute and allowed the plaintiffs 15 days to amend.

• Breach Of Mandate
• Professional Negligence
• Pleading Requirements
• Exception To Particulars
• Joint And Several Liability
• Exception-to-particulars-of-claim

Mojalefa v MFM Motors Spares (Pty) Ltd (2453/2019)

Mojalefa v MFM Motors Spares (Pty) Ltd (2453/2019) [2020] ZANWHC 71 (22 October 2020)

Court

North West High Court, Mafikeng

Case number

2453/2019

Judge

M.E. Mahlangu

The court granted an amendment to the particulars of claim and dismissed an exception alleging the pleadings lacked a cause of action.

• Pleadings Amendment
• Exception To Particulars
• Unjustified Enrichment
• Fraud
• Loss Of Earnings
• Pleadings-amendment

M.M.M v MEC for Health, North West Province (1102/14)

M.M.M v MEC for Health, North West Province (1102/14) [2015] ZANWHC 73 (29 October 2015)

Court

North West High Court, Mafikeng

Case number

1102/14

Judge

Landman

The High Court dismissed the defendant’s exceptions to particulars of claim in a medical-negligence damages action involving a minor child, with costs on an attorney-and-client basis.

• Exception To Particulars
• Medical Negligence
• Vague And Embarrassing Pleading
• Costs Order
• Civil-procedure
• Medical-negligence

Van Heerden v Nolte (19428/11)

Van Heerden v Nolte (19428/11) [2014] ZAGPPHC 12; 2014 (4) SA 584 (GP) (28 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

19428/11

Judge

Murphy

The court held that the plaintiff was obliged to register as a credit provider under the National Credit Act before extending credit with an aggregate principal debt exceeding R500 000. The plain language of section 40(1)(b) requires registration based on the total principal debt, regardless of whether the agreements are once-off or frequent. The Friend v Serdall decision, which suggested that registration is only required for those regularly providing credit, was found to be inconsistent with the Constitutional Court's approach in National Credit Regulator v Opperman and others. The failure…

Source excerpt

• National Credit Act
• Credit Provider Registration
• Exception To Particulars
• Unlawful Agreement
• Unjustified Enrichment

Caulwell Marine (Pty) Ltd v Wallace and Another (2819/2012)

Caulwell Marine (Pty) Ltd v Wallace and Another (2819/2012) [2012] ZAWCHC 195 (7 November 2012)

Court

Western Cape High Court, Cape Town

Case number

2819/2012

Judge

Mansingh, AJ

High Court dismissed an exception to a delictual claim for damage to a fibreglass deck plug, holding the particulars disclosed a cause of action under the actio legis Aquiliae.

• Actio Legis Aquiliae
• Exception To Particulars
• Vicarious Liability
• Non Joinder
• Pure Economic Loss
• Exception-to-particulars-of-claim