South Africa Case Law

Miller NO and Others v Ramsammy (21/27354)

Miller NO and Others v Ramsammy (21/27354) [2023] ZAGPJHC 1104 (15 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/27354

Judge

A Friedman

The court held that the applicants' proposed amendment to the notice of motion was neither excipiable nor prejudicial to the respondent. The amendment was sought as a precautionary measure in response to the respondent's assertion regarding the absence of an invoice, and did not alter the nature of the dispute or disadvantage the respondent. The respondent's arguments regarding excipiability and prescription were found to be without merit, as the issue of the invoice was raised only in the answering affidavit and not anticipated by the applicants. The court found that any prejudice claimed by…

Source excerpt

• Amendment Of Pleadings
• Prejudice In Amendment
• Excipiable Pleading
• Prescription
• Uniform Rule 28

Tswalu Kalahari Reserve (Pty) Limited v Cane Time Manufacturers CC (19533/2018)

Tswalu Kalahari Reserve (Pty) Limited v Cane Time Manufacturers CC (19533/2018) [2019] ZAWCHC 61 (28 May 2019)

Court

Western Cape High Court, Cape Town

Case number

19533/2018

Judge

J I Cloete

The High Court refused summary judgment, holding the particulars of claim were excipiable and the verifying affidavit did not show sufficient direct knowledge.

• Summary Judgment
• Cession Of Claims
• Excipiable Pleading
• Contract Cancellation
• Summary-judgment
• Excipiable-pleading

Standard Bank of South Africa Limited v DRC Auctions & Sales CC and Another (2017/0023133)

Standard Bank of South Africa Limited v DRC Auctions & Sales CC and Another (2017/0023133) [2017] ZAGPJHC 339 (10 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2017/0023133

Judge

L Adams

The High Court granted summary judgment to Standard Bank, rejecting technical defences and finding no bona fide defence to debts under banking facilities.

• Summary Judgment
• Overdraft Facility
• Suretyship
• Suspensive Condition
• Excipiable Pleading
• Summary-judgment

De Wet Botha v Seiko Epson Kabushiki Kaisha (t/a Seiko Epson Corporation) (69411/2014)

De Wet Botha v Seiko Epson Kabushiki Kaisha (t/a Seiko Epson Corporation) (69411/2014) [2016] ZAGPPHC 262 (29 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

69411/2014

Judge

FHD Van Oosten

The High Court dismissed an amendment application because the alleged partnership plaintiff was unsupported by evidence and the amendment would render the pleading excipiable.

• Amendment Of Pleadings
• Excipiable Pleading
• Counterfeit Goods Act
• Trade Mark Infringement
• Amendment-of-pleadings
• Excipiable-pleading

Congress of the People and Another v Shilowa and Others (6779/2011)

Congress of the People and Another v Shilowa and Others (6779/2011) [2012] ZAGPJHC 167 (22 August 2012)

Court

South Gauteng High Court, Johannesburg

Case number

6779/2011

Judge

Bava AJ

The High Court refused leave to amend a counterclaim in a COPE leadership dispute, finding the proposed relief unsupported by the party constitution and excipiable.

• Amendment Of Pleadings
• Voluntary Association Contract
• Excipiable Pleading
• Party Constitution Interpretation
• Amendment-of-pleadings
• Voluntary-association-contract

Weld-Cut Equipment (Pty) Ltd v Anthony Forrester t/a Amgas Industrial Equipment (35615/09)

Weld-Cut Equipment (Pty) Ltd v Anthony Forrester t/a Amgas Industrial Equipment (35615/09) [2011] ZAGPPHC 148 (6 May 2011)

Court

North Gauteng High Court, Pretoria

Case number

35615/09

Judge

Mavundla

Summary judgment was refused because the defendant raised a bona fide defence based on excipiability and lack of particularity in the plaintiff’s pleadings.

• Summary Judgment
• Excipiable Pleading
• Distribution Agreement
• Credit Agreement
• Rule 18
• Rule 23

Anderson v Batley (3095/09)

Anderson v Batley (3095/09) [2010] ZAECGHC 20 (12 March 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

3095/09

Judge

Plasket

The court refused leave to amend particulars of claim because the proposed pleading conflicted with a sole memorial clause and remained excipiable.

• Amendment Of Pleadings
• Excipiable Pleading
• Sole Memorial Clause
• Non Variation Clause
• Damages Claim
• Breach Of Contract

African Aqui Cultures (Pty) Ltd v Uys and Others (16894/2007)

African Aqui Cultures (Pty) Ltd v Uys and Others (16894/2007) [2010] ZAWCHC 18 (18 February 2010)

Court

Western Cape High Court, Cape Town

Case number

16894/2007

Judge

Samela

The court allowed the Fourth and Fifth Defendants to amend their plea to withdraw an admission about a shares sale agreement, finding the amendment bona fide and non-prejudicial.

• Amendment Of Pleadings
• Withdrawal Of Admission
• Sale Of Shares
• Excipiable Pleading
• Amendment-of-pleadings
• Withdrawal-of-admission