South Africa Case Law

Fernridge Office Park(Pty) Ltd v Honey and Another (2020/5184)

Fernridge Office Park(Pty) Ltd v Honey and Another (2020/5184) [2023] ZAGPJHC 1464 (18 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/5184

Judge

Nty Siwendu

The court held that exceptions are pleadings and, as such, are capable of amendment under Rule 28. Rule 28(10) allows amendments at any stage before judgment, and the reference to 'judgment' in this context means the judgment on the exception, not the main action. The delay in seeking the amendment was explained by both parties' conduct and financial constraints, and no irregularity was raised. The court found no prejudice to the plaintiff that could not be cured by costs or adjournment. The proposed amendments raise issues worthy of consideration, particularly regarding the interplay between…

Source excerpt

• Amendment Of Pleadings
• Exceptions To Particulars Of Claim
• Personal Liability Of Directors
• Companies Act Interpretation
• Vague And Embarrassing Pleadings

Abb South Africa (Pty) Ltd and Another v Leago EPC (Pty) Ltd (22278/2019)

Abb South Africa (Pty) Ltd and Another v Leago EPC (Pty) Ltd (22278/2019) [2022] ZAGPJHC 225 (13 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22278/2019

Judge

M.L. Senyatsi

High Court exception judgment on a contractual dispute: the particulars of claim were found vague, embarrassing, and lacking a pleaded cause of action.

• Exceptions To Particulars Of Claim
• Vague And Embarrassing Pleading
• Declaratory Relief
• Contractual Relationships
• Cause Of Action
• Jurisdiction Under Superior Courts Act

Brisen Commodities (Edms) Bpk v Farmsecure (Edms) Bpk and Others (A255/11)

Brisen Commodities (Edms) Bpk v Farmsecure (Edms) Bpk and Others (A255/11) [2012] ZAFSHC 31 (1 March 2012)

Court

Free State High Court, Bloemfontein

Case number

A255/11

Judges

Kruger, M.H. Rampai, C.J. Musi

The court dismissed an appeal against exceptions to a claim based on a co-operation agreement, holding that contractual notice and arbitration steps had to be pleaded.

• Exceptions To Particulars Of Claim
• Contractual Interpretation
• Arbitration Clause
• Penalty Clause
• Notice Of Cancellation
• Exceptions-to-particulars-of-claim