South Africa Case Law

Barlow World South Africa (Pty) Ltd v Pat Malabela Electrical Contractors and Meter Readers and Another (65643/2017)

Barlow World South Africa (Pty) Ltd v Pat Malabela Electrical Contractors and Meter Readers and Another (65643/2017) [2021] ZAGPPHC 313 (6 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

65643/2017

Judge

H G A Snyman

The High Court dismissed an exception alleging a particulars of claim were vague and embarrassing in a motor-vehicle rental debt case.

• Exception Procedure
• Vague And Embarrassing Pleading
• Contractual Claim
• Facta Probanda
• Rule 18 Compliance
• Vague-and-embarrassing-pleading

Willow and Aloe Grove Body Corporate v Big Bell Investments (Pty) Ltd t/a Citynet (41535/2019)

Willow and Aloe Grove Body Corporate v Big Bell Investments (Pty) Ltd t/a Citynet (41535/2019) [2020] ZAGPJHC 267 (26 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

41535/2019

Judge

I Opperman

The court struck out a pleaded admission and annexure because they were part of without prejudice settlement communications and therefore inadmissible.

• Without Prejudice Rule
• Rule 23 Application
• Pleading Irregularity
• Facta Probanda
• Admissibility Of Evidence
• Without-prejudice-rule

Rigacraft CC v First National Bank Limited and Others (1536/18)

Rigacraft CC v First National Bank Limited and Others (1536/18) [2019] ZAGPJHC 114 (26 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

1536/18

Judge

RM Keightley

The court dismissed an amendment application, upheld exceptions, and held that Rigacraft’s pleading still failed on joinder, estate citation, and fraud allegations.

• Sale In Execution
• Misjoinder
• Non Joinder
• Fraudulent Transfer
• Amendment Of Pleadings
• Facta Probanda

Tshaya v Minister of Police, Republic of South Africa (EL 826/17, 2126/17)

Tshaya v Minister of Police, Republic of South Africa (EL 826/17, 2126/17) [2018] ZAECELLC 13 (21 August 2018)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 826/17, 2126/17

Judge

H. S. Toni

The court held that the plaintiff's particulars of claim, read as a whole, contain sufficient material facts to disclose a cause of action for damages arising from alleged unlawful assault by a police officer. The plaintiff is not required to plead conclusions of law, nor is it necessary to specify whether the officer was on duty at the time, as this is a matter for evidence at trial. The exception procedure is not intended to dispose of cases on technicalities where evidence may supplement the pleadings. The defendant failed to demonstrate that the summons is so vague or lacking in particula…

Source excerpt

• Vicarious Liability
• Pleading Requirements
• Exception Procedure
• Unlawful Assault
• Facta Probanda