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South Africa decisions
Decisions matching the current search
Estabiz (Pty) Ltd v Starflash (Pty) Ltd (Appeal) (CIV APP MG32/24) [2025] ZANWHC 108 (26 June 2025)
The High Court upheld an appeal against an exception, holding the pleadings and attached agreement sufficiently disclosed a cause of action.
Elkana Body Corporate v City of Johannesburg and Others (2023/115700) [2025] ZAGPJHC 520 (30 May 2025)
The court held that the exception raised by the Johannesburg Roads Agency was without merit. Rule 13(8) expressly allows a third-party notice against a party already joined in the main action, and the fact that the plaintiff's claim is joint and several does not preclude a defendant from seeking contribution from another defendant. The third-party notice complied with Rule 13(2), as the nature and grounds of the claim were clearly pleaded. The procedural complaint regarding late filing was factually incorrect, as pleadings were still open at the time of service. The exception did not raise an…
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Hlatshwayo v Multichoice South Africa and Others (2021/27076) [2025] ZAGPJHC 364 (28 March 2025)
The High Court upheld exceptions to defamation particulars that were vague and embarrassing, granted condonation for late filing, and dismissed a Rule 30 application.
Takata South Africa (Pty) Limited v Competition Commission of South Africa and Others (252/CAC/Feb24) [2025] ZACAC 1 (16 January 2025)
The court dismissed Takata SA’s appeal and review against the Tribunal’s dismissal of exceptions, holding the interlocutory ruling was not appealable and the review grounds duplicated the appeal.
Auditor - General of South Africa v Municipal Manager of Mohokare Municipality and Another (6061/2022) [2024] ZAFSHC 231 (8 August 2024)
The High Court condoned a late Rule 30 and 30A application, found the respondents’ plea irregular for improper handling of exceptions, and ordered compliance.
W.E Deane S.A (Pty) Ltd v Alborough and Others (16341/2021) [2024] ZAGPPHC 634 (14 June 2024)
The High Court dismissed exceptions to particulars of claim alleging breach of employment duties and unlawful competition, holding the claims were not bad in law on the pleadings.
Accolla v Sboro and Another (024263/2022) [2024] ZAGPPHC 379 (17 April 2024)
The High Court dismissed an application to amend pleadings and join parties, finding no prima facie cause of action, compliance with Rule 45, and no basis to attack the sale in execution.
Compensation Commissioner and Others v Compensation Solutions (Pty) Ltd (49156/2021) [2024] ZAGPPHC 263 (18 March 2024)
The High Court refused leave to appeal against an order upholding exceptions to special pleas of prescription, finding no prospects of success and no compelling reason.
Hentiq 1429 (Pty) Ltd v T & J Products (Pty) Ltd (764/2022) [2024] ZANWHC 70 (8 March 2024)
The court upheld an exception where the plaintiff was inconsistently described and had not properly alleged locus standi or joinder, so the particulars were struck out.
Mazibo v Mahlangu and Another (038392/2023) [2024] ZAGPJHC 201 (29 February 2024)
The High Court upheld an exception to particulars of claim that were vague and embarrassing, finding the pleading failed to disclose a cause of action and struck it out.
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