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South Africa decisions
Decisions matching the current search
Morwane v Kinnear and Others (2044/2017) [2024] ZANWHC 1 (5 January 2024)
The High Court refused a proposed amendment to particulars of claim, finding it introduced a new cause of action and would leave the pleading excipiable.
Mofokeng v Minister of Police (2017/22851) [2019] ZAGPPHC 79 (19 March 2019)
The court found that the defendant's proposed amended plea sets out the material facts upon which the defence is based, specifically that the arresting officer reasonably suspected the plaintiff of having committed schedule 1 offences under the Criminal Procedure Act. The plea contains admissions regarding the circumstances of arrest and detention and pleads legal justification under section 40(1)(b). The court distinguished the Windvogel case, noting that in this matter, the defendant pleaded the factual basis for the arrest, unlike in Windvogel where only legal conclusions were pleaded. The…
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Dlamini v R. Motors (NW04/2017) [2018] ZACONAF 1 (7 March 2018)
The court granted the plaintiff’s application to join additional defendants and amend the pleadings, finding the proposed changes were permissible and not fatally excipiable.
Solid Build Contractors CC v Jacobs and Others (229/2017) [2017] ZAFSHC 62 (18 May 2017)
Summary judgment was refused where the plaintiff knew of the defendants’ bona fide defence. The court granted leave to defend and ordered attorney-and-client costs.
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