South Africa Case Law

Afgri Agri Services (Pty) Ltd v Muller and Others (39063/2022)

Afgri Agri Services (Pty) Ltd v Muller and Others (39063/2022) [2025] ZAGPPHC 616 (17 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

39063/2022

Judge

Kooverjie

The court held that the first and second grounds of exception were without merit. It is sufficient to plead that the company is in the process of winding up and unable to pay its debts to invoke Section 424 of the Companies Act 61 of 1973. Section 424 applies to both natural and juristic persons, provided that the necessary allegations regarding knowledge and participation through the directing mind are made. However, the particulars of claim failed to plead material facts showing that the first defendant, through its directors or other controlling individuals, had the requisite knowledge and…

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• Reckless Trading
• Personal Liability Of Directors
• Winding Up Of Insolvent Companies
• Exceptions To Pleadings
• Section 424 Liability

Gumede and Others v Nyama and Chips CC and Another (2017/15168)

Gumede and Others v Nyama and Chips CC and Another (2017/15168) [2025] ZAGPJHC 26 (16 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2017/15168

Judge

Nico van der Walt

The court found that the exceptions raised by Mergence were unfounded. The allegations regarding the Tsakane store were irrelevant but did not detract from Nyama's core defence, which was based on denial of access to the Protea Point property. Nyama's plea was not mutually destructive, as it was entitled to suspend performance due to Mergence's repudiation prior to rental becoming due. Nyama properly pleaded fulfilment of contractual preconditions for deposit repayment. The lease agreement did not clearly exclude Nyama's claim for loss of profits, which could qualify as general damages in the…

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• Lease Agreement
• Repudiation
• Exceptions To Pleadings
• Deposit Repayment
• Loss Of Profits
• Remission Of Rent

Known Associates (Pty) Limited v Astron Energy (Pty) Limited (2023/120004)

Known Associates (Pty) Limited v Astron Energy (Pty) Limited (2023/120004) [2024] ZAGPJHC 1020 (11 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/120004

Judge

Adams

High Court exception ruling: claim 1 failed for lack of pleaded contract terms, while claim 2 alleging IP misappropriation survived.

• Exceptions To Pleadings
• Contractual Liability
• Quantification Of Damages
• Intellectual Property Infringement
• Unlawful Competition
• Exceptions-to-pleadings

GWB Concrete Walling CC and Others v CJB Concrete Walling CC and Others (2022-059229)

GWB Concrete Walling CC and Others v CJB Concrete Walling CC and Others (2022-059229) [2024] ZAGPJHC 707 (6 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022-059229

Judge

Adams

The High Court dismissed exceptions to pleadings in a trade mark and contract dispute, holding the plaintiffs had pleaded enough to disclose causes of action.

• Exceptions To Pleadings
• Trade Mark Infringement
• Co Existence Agreement
• Contract Interpretation
• Declaratory Relief
• Costs Award

van Staden v van Staden N.O and Others (12229/2022)

van Staden v van Staden N.O and Others (12229/2022) [2023] ZAWCHC 105; [2023] 3 All SA 307 (WCC) (15 May 2023)

Court

Western Cape High Court, Cape Town

Case number

12229/2022

Judge

Adhikari

High Court exception to a claim over a trust property agreement was upheld; the court found no pleaded cause of action to withhold instalments.

• Exceptions To Pleadings
• Reciprocal Obligations
• Tacit Terms
• Remission Of Rent
• Trust Law
• Declaratory Relief

Kufa v National Research Foundation and Others (6055/2021)

Kufa v National Research Foundation and Others (6055/2021) [2023] ZAGPPHC 5 (5 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

6055/2021

Judge

Tlhapi

The High Court upheld exceptions to a dismissed employee’s particulars of claim, set them aside, and gave leave to amend within 15 days.

• Exceptions To Pleadings
• Unlawful Dismissal
• Contractual Damages
• Personal Liability Of Directors
• Amendment Of Pleadings
• Jurisdiction Of Labour Court

Theodosiou and Others v Schindlers Attorneys and Others (14038/2021)

Theodosiou and Others v Schindlers Attorneys and Others (14038/2021) [2022] ZAGPJHC 252 (21 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

14038/2021

Judge

Booysen

The court dismissed leave to appeal after upholding exceptions, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Exceptions To Pleadings
• Contingency Fees Act
• Leave To Appeal
• Appealability
• Rescission Of Judgment
• Leave-to-appeal

Koch v Weiland N.O. and Another (16526/2020)

Koch v Weiland N.O. and Another (16526/2020) [2022] ZAWCHC 96 (18 March 2022)

Court

Western Cape High Court, Cape Town

Case number

16526/2020

Judge

Van Zyl AJ

The court upheld an exception to a claim for executor’s remuneration, holding that the pleadings did not allege the plaintiff was permitted to administer deceased estates.

• Administration Of Estates Act
• Executor Remuneration
• Exceptions To Pleadings
• Regulations On Estate Liquidation
• Exceptions-to-pleadings
• Administration-of-estates

Hoogeveld Boerderybelleggings( Pty) Ltd and Others v TWK Agriculture Holdings (Pty) Ltd (A28/2020 ; 3770/2019)

Hoogeveld Boerderybelleggings( Pty) Ltd and Others v TWK Agriculture Holdings (Pty) Ltd (A28/2020 ; 3770/2019) [2021] ZAMPMHC 38 (13 December 2021)

Court

Middelburg High Court, Mpumalanga

Case number

A28/2020

Judges

Langa, Vukeya, Mphahlele

The court adopted a contextual approach to the interpretation of section 164 of the Companies Act, holding that the appraisal remedy is available to shareholders in a company with a single class of shares. The court found no indication in the Act that the legislature intended to limit the remedy to companies with multiple classes of shares. The wording of section 164 and section 37(8) does not exclude companies with a single class of shares, and the purpose of the provision is to protect dissenting shareholders from amendments to the MOI that materially and adversely affect their rights or in…

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• Companies Act 2008
• Shareholder Appraisal Rights
• Exceptions To Pleadings
• Interpretation Of Statutes
• Vague And Embarrassing Pleadings

M.R.R v L.G.M (35413/2020)

M.R.R v L.G.M (35413/2020) [2021] ZAGPPHC 744 (27 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

35413/2020

Judge

JF Barnardt

The court found that the plaintiff's particulars of claim were vague and embarrassing, as she failed to specify which customary rituals were not performed and did not allege which requirements for a valid customary marriage were not met. The plaintiff also failed to make necessary averments regarding the existence and subsistence of the marriage and did not pray for a decree of divorce. The court held that the second, third, and partially the fourth exceptions raised by the defendant were valid. The plaintiff was granted leave to amend her particulars of claim within 15 days and ordered to pa…

Source excerpt

• Customary Marriage Validity
• Exceptions To Pleadings
• Vague And Embarrassing Pleading
• Forfeiture Of Patrimonial Benefits