South Africa Case Law

Gouws and Others v Spar Group Limited (187/2022)

Gouws and Others v Spar Group Limited (187/2022) [2024] ZANCHC 105 (15 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

187/2022

Judge

Lever

The court found that the plaintiff had pleaded sufficient facts to sustain its claim against the defendants as sureties for the principal debtor. The notarial bond provisions, read with the perfection order, afforded the plaintiff wide discretion to manage and control the assets and business of the principal debtor. The distinction between facta probanda and facta probantia was critical; the plaintiff was not required to plead every evidentiary detail, only the material facts necessary to support its right to judgment. The exception was dismissed because, accepting the plaintiff's allegations…

Source excerpt

• Exception To Particulars Of Claim
• Suretyship Liability
• Notarial Bond Perfection
• Facta Probanda Vs Facta Probantia

Sukdev v Sheriff Inanda Area 1 and Others (D918/2019)

Sukdev v Sheriff Inanda Area 1 and Others (D918/2019) [2023] ZAKZDHC 34 (14 June 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D918/2019

Judge

Henriques

The High Court upheld exceptions to a poorly pleaded delictual claim, finding no disclosed cause of action and granting leave to amend.

• Exception Procedure
• Vague And Embarrassing Pleading
• Cause Of Action
• Pure Economic Loss
• Fraud
• Facta Probanda Vs Facta Probantia

Risseeuw N.O. v Alanza Boerdery (Edms) Bpk (36448/13)

Risseeuw N.O. v Alanza Boerdery (Edms) Bpk (36448/13) [2014] ZAGPPHC 265 (20 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

36448/13

Judge

Tuchten

The court held that, in accordance with Van der Westhuizen v Van Sandwyk, all trustees must be joined as parties to enforce a right belonging to the trust. The plaintiff, acting alone, lacked locus standi. The option to purchase, while not itself a deed of alienation, must result in a sale agreement that complies with the Alienation of Land Act. The plaintiff failed to plead that he acted on the written authority of his co-trustees when exercising the option, which is a material fact required to sustain the cause of action. The court distinguished between facta probanda (material facts) and f…

Source excerpt

• Trustee Locus Standi
• Option To Purchase
• Pleading Requirements
• Facta Probanda Vs Facta Probantia
• Sale Of Land
• Statute Of Frauds

Risseeuw NO v Alanza Boerdery (EDMS) BPK (36448/13)

Risseeuw NO v Alanza Boerdery (EDMS) BPK (36448/13) [2014] ZAGPPHC 111 (20 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

36448/13

Judge

Tuchten

The court held that the exception must succeed on the first ground, as all trustees must be joined to enforce a right of the trust, in accordance with binding authority. The second and fourth grounds of exception also succeed, as the particulars of claim fail to allege material facts required by law, specifically the written authority of the other trustees and the written exercise of the option within the stipulated period. The third ground fails, as the contractual provisions, properly interpreted, do not require exercise of the option only upon expiry of the lease. The fifth ground succeeds…

Source excerpt

• Trustee Locus Standi
• Option To Purchase
• Facta Probanda Vs Facta Probantia
• Sale Of Land
• Exception Procedure

JSS Industrial Coatings CC v Inyatsi Construction (South Africa) (Pty) Ltd (2013/9610)

JSS Industrial Coatings CC v Inyatsi Construction (South Africa) (Pty) Ltd (2013/9610) [2013] ZAGPJHC 209 (16 August 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2013/9610

Judge

Modiba AJ

The court allowed an amendment to particulars of claim, holding that only material facts must be pleaded and that the defendant’s objections were premature.

• Amendment Of Pleadings
• Breach Of Contract
• Rule 18 Compliance
• Exception And Objection
• Facta Probanda Vs Facta Probantia
• Amendment-of-pleadings

Blakes Mphanga Incorporated v Eagle Canyon Golf Estate Homeowners Association (2013/2686)

Blakes Mphanga Incorporated v Eagle Canyon Golf Estate Homeowners Association (2013/2686) [2013] ZAGPJHC 165 (1 July 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2013/2686

Judge

Weiner

The court dismissed Rule 30, Rule 30A, and security-for-costs applications, holding the pleaded documents were background facts, not contracts relied on.

• Rule 18 6 Pleading Requirements
• Security For Costs
• Authority Of Attorney
• Facta Probanda Vs Facta Probantia
• Delictual Liability
• Company Litigation

Garderner's Grapevine CC t/a the Grapevine v Flowcrete Precast CC and Another (AR 386/2007)

Garderner's Grapevine CC t/a the Grapevine v Flowcrete Precast CC and Another (AR 386/2007) [2008] ZAKZHC 12; 2009 (1) SA 324 (N) (29 February 2008)

Court

High Courts - Kwazulu Natal

Case number

AR 386/2007

Judges

Levinsohn, Swain

The High Court held that a contract accepted by fax in Durban and performed there gave the Durban Magistrate’s Court jurisdiction. The special plea was dismissed.

• Jurisdiction Of Magistrates Courts
• Cause Of Action
• Contract Formation
• Facta Probanda Vs Facta Probantia
• Jurisdiction
• Contract-formation