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South Africa decisions
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IPC Plumbing SA (Pty) Ltd v Azraprty (Pty) Ltd (079559/2023) [2025] ZAGPPHC 438 (9 May 2025)
The High Court dismissed a Rule 28(4) amendment application and upheld an exception, finding the pleadings still failed to clearly disclose a cause of action against the first defendant.
Balintulo and Others v Mbana (79752/2019) [2025] ZAGPPHC 78 (31 January 2025)
The High Court dismissed an exception to a defamation claim, holding that whether the words were defamatory and referred to the plaintiffs is a trial issue.
Kramer Weihmann Incorporated v Joubert and Others (3645/2022) [2024] ZAFSHC 374 (25 November 2024)
The High Court dismissed exceptions to amended particulars of claim in a damages action, holding that the pleadings disclosed a sustainable cause of action.
Jurgen v Crooks N.O (43442/2020) [2024] ZAGPJHC 1027 (9 October 2024)
The High Court dismissed an exception to amended particulars of claim arising from an alleged art sale, holding the plaintiff had pleaded a workable cause of action.
Mirai Rail Corporation (Pty) Ltd v H Rohloff (Pty) Ltd (030891/2022) [2024] ZAGPPHC 518 (6 June 2024)
The High Court upheld an exception to a plea and counterclaim that lacked necessary averments and was vague and embarrassing, with leave to amend.
Exilite 4205 CC v Jacobs and Another (2347/2022) [2024] ZANWHC 98 (8 April 2024)
The High Court dismissed an exception to particulars of claim in a breach of contract dispute, finding the pleading sufficiently clear for the defendants to answer.
Nedbank Limited v Madonsela (2022/044542) [2024] ZAGPPHC 343 (8 April 2024)
The High Court upheld an exception to vague particulars of claim, set them aside with leave to amend, and dismissed a premature summary judgment application.
Albertyn and Another v Dreyer and Another (7486/2022) [2024] ZALMPPHC 24 (8 March 2024)
The High Court upheld an exception to a plea in reconvention, finding the pleaded oral agreements and set-offs were barred by the written contract’s integration and non-variation clauses.
Casedine v Woolworths Financial Service Pty Limited and Another (026644/2022) [2023] ZAGPPHC 1908 (16 November 2023)
The High Court upheld exceptions to particulars of claim in an unlawful arrest and detention damages action, finding the pleading vague and lacking a proper cause of action.
BP Southern Africa (Pty) Ltd v Trade Rose Investments (Pvt) Ltd (13662/22) [2023] ZAGPJHC 1206 (18 October 2023)
The court found that Trade Rose Investments (Pvt) Ltd, as a peregrinus, failed to provide credible evidence of its ability to satisfy any adverse costs order. Its current pleading was weak and likely to be met with an exception for failing to disclose a cause of action. While BP and Turner sought R2 million each as security, the court held that such an amount would unjustly bar Trade Rose from accessing the courts, contrary to section 34 of the Constitution. A more appropriate amount was determined to be R200,000 for each applicant, sufficient to cover the costs of an exception. The action ag…
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