South Africa Case Law

Gridline Construction (Pty) Ltd v City of Johannesburg and Others (2024/076060)

Gridline Construction (Pty) Ltd v City of Johannesburg and Others (2024/076060) [2024] ZAGPJHC 938 (19 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/076060

Judge

Senyatsi

The court allowed discovery in an electricity charge dispute, finding exceptional circumstances and ordering production of job cards used to record meter readings.

• Discovery In Motion Proceedings
• Municipal Billing Dispute
• Electricity Consumption Evidence
• Uniform Rule 35
• Exceptional Circumstances For Discovery
• Discovery-in-motion-proceedings

Motlana v Msibi N.O and Another (38673/2022)

Motlana v Msibi N.O and Another (38673/2022) [2024] ZAGPPHC 515 (4 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

38673/2022

Judge

Retief

The court held that discovery in application proceedings is not a right but an exceptional remedy available only if the court grants leave under Rule 35(13). The applicant failed to obtain such leave before serving her notice for discovery, rendering her request and any compel relief incompetent. The applicant's notice did not distinguish between documents sought under Rule 35(12) and (14), and the request was overly broad, amounting to a fishing expedition. The procedural irregularities in the applicant's counter-application further undermined her entitlement to relief. The court exercised i…

Source excerpt

• Discovery In Application Proceedings
• Uniform Rules Of Court Rule 35
• Exceptional Circumstances For Discovery
• Costs Orders