South Africa Case Law

Summit Ridge 84 (Pty) Ltd t.a Henwil Chickens v Nurayn's Foods CC t/a Meat SA and Another (2666/2022)

Summit Ridge 84 (Pty) Ltd t.a Henwil Chickens v Nurayn's Foods CC t/a Meat SA and Another (2666/2022) [2024] ZANWHC 213 (21 August 2024)

Court

North West High Court, Mafikeng

Case number

2666/2022

Judge

FMM Reid

The High Court upheld an exception to particulars of claim that were vague and embarrassing because the debt calculation lacked sufficient detail.

• Exception Vague And Embarrassing
• Pleading Requirements
• Quantification Of Claim
• Exception-vague-and-embarrassing
• Pleading-requirements
• Quantification-of-claim

Kaap Agri Bedryf Limited and Another v Melaplastics Proprietary Limited and Another; In re Kaap Agri Bedryf Limited and Another v Melaplastics Proprietary Limited and Another (12310/2021)

Kaap Agri Bedryf Limited and Another v Melaplastics Proprietary Limited and Another; In re Kaap Agri Bedryf Limited and Another v Melaplastics Proprietary Limited and Another (12310/2021) [2023] ZAWCHC 7 (19 January 2023)

Court

Western Cape High Court, Cape Town

Case number

12310/2021

Judge

Wathen-Falken

The High Court granted leave to amend particulars of claim and dismissed an exception alleging vagueness and embarrassment in a commercial contract dispute.

• Amendment Of Pleadings
• Exception Vague And Embarrassing
• Breach Of Contract
• Damages
• Rule 23 Exception
• Rule 28 Amendment

Weavind & Weavind Incorporated v Manley N.O (A213/18)

Weavind & Weavind Incorporated v Manley N.O (A213/18) [2019] ZAGPPHC 1030 (6 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

A213/18

Judges

NV Khumalo, Mokose

Appeal dismissed in a summary judgment dispute over repayment of R72,039.31 from an estate account, with the court finding no bona fide defence.

• Summary Judgment
• Attorney Client Fees
• Administration Of Estates Act
• Liquidated Demand
• Exception Vague And Embarrassing
• Summary-judgment

Swire Express (Pty) Ltd v Gordan N.O and Another (60569/16)

Swire Express (Pty) Ltd v Gordan N.O and Another (60569/16) [2018] ZAGPPHC 753 (2 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

60569/16

Judge

M Mabuse

The High Court upheld an exception to particulars of claim in a foreign-exchange forfeiture dispute, finding the pleading vague and lacking a clear legal basis.

• Exchange Control Regulations
• Pleading Requirements
• Administrative Action
• Exception Vague And Embarrassing
• Exception-vague-and-embarrassing
• Pleading-requirements

Member of the Executive Council of the Department of Co-operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and Another (5158/2013)

Member of the Executive Council of the Department of Co-operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and Another (5158/2013) [2016] ZAFSHC 225 (22 December 2016)

Court

Free State High Court, Bloemfontein

Case number

5158/2013

Judge

Murray, AJ

The High Court dismissed an exception to particulars of claim, holding that the pleadings were sufficiently clear and that joinder of the two claims was proper.

• Joinder Of Parties
• Exception Vague And Embarrassing
• Unjust Enrichment
• Breach Of Contract
• Exception-vague-and-embarrassing
• Joinder-of-parties

Standard Bank of South Africa v Schneider and Another (7589/2016)

Standard Bank of South Africa v Schneider and Another (7589/2016) [2016] ZAGPPHC 1065 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

7589/2016

Judge

N P Mngqibisa-Thusi

The High Court granted summary judgment for Standard Bank against two sureties, rejecting objections about prescription, pleadings, and reckless credit.

• Summary Judgment
• Suretyship
• Prescription Act
• National Credit Act
• Mortgage Bond
• Exception Vague And Embarrassing

Hoste N.O. and Another v Lotter N.O. and Others (3710/2015)

Hoste N.O. and Another v Lotter N.O. and Others (3710/2015) [2016] ZAECGHC 4 (5 February 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

3710/2015

Judge

J.D. Pickering

High Court decision on an amendment to a pleading challenging wills: formal invalidity allegations were allowed, but an unsupported fraud or forgery allegation was refused.

• Amendment Of Pleadings
• Exception Vague And Embarrassing
• Wills Act Formalities
• Trust Beneficiary Dispute
• Amendment-of-pleadings
• Exception-vague-and-embarrassing

Medihelp Medical Scheme v Minister of Finance (52269/2012)

Medihelp Medical Scheme v Minister of Finance (52269/2012) [2014] ZAGPPHC 454 (28 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

52269/2012

Judge

Makhubele AJ

The court allowed the Minister of Finance to amend its plea in a dispute over medical-scheme contribution deductions, holding the amendments were bona fide and not excipiable.

• Amendment Of Pleadings
• Locus Standi
• Exception Vague And Embarrassing
• Medical Schemes Act
• Unjust Enrichment
• Amendment-of-pleadings

Hoking and Others v Attorney Fidelity Fund Board of Control; Voysey and Others v Attorney Fidelity Fund Board of Control (19/03)

Hoking and Others v Attorney Fidelity Fund Board of Control; Voysey and Others v Attorney Fidelity Fund Board of Control (19/03) [2004] ZAECHC 49 (2 September 2004)

Court

High Courts - Eastern Cape

Case number

19/03

Judge

D Chetty

The court found that the plaintiffs' replication was vague and embarrassing, containing contradictory statements, references to unidentified parties, and conclusions of law without supporting material facts. The replication failed to comply with Rule 18(4) by not providing sufficient particularity, making it impossible for the defendant to respond adequately. The constitutional challenge was inadequately pleaded, as it did not set out the factual or legal basis for the alleged invalidity. The enrichment claim was unsupported by material facts and referred to parties not before the court. The…

Source excerpt

• Pleading Requirements
• Exception Vague And Embarrassing
• Attorneys Act Liability
• Constitutional Challenge
• Unjust Enrichment