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South Africa decisions
Decisions matching the current search
Sediko v Leroko and Others (2745/2023) [2024] ZAFSHC 273 (5 September 2024)
The High Court dismissed an exception to particulars of claim in a medical-negligence action, holding that the pleaded facts sufficiently disclosed a cause of action.
Assore Ltd and Others v Paris (44431/2019) [2024] ZAGPJHC 36 (22 January 2024)
The High Court refused an exception to amended particulars of claim, holding the defendants were re-arguing points already decided, and awarded attorney-and-client costs.
Ismail v Lenmed Health Zamokuhle and Others (35188/2022) [2023] ZAGPJHC 1352 (22 November 2023)
The High Court upheld exceptions to particulars of claim in a medical negligence case, finding the pleadings vague and failing to disclose a cause of action.
Prudential Authority v Jafta (1219/2018) [2023] ZAECQBHC 4 (31 January 2023)
The court held that the respondent's failure to comply with the repayment directive issued under section 83(1) of the Banks Act constitutes an act of insolvency as per section 83(3)(b). The respondent's argument regarding prescription was dismissed, as sequestration proceedings are not for the enforcement of a debt and thus not subject to prescription. The applicant's locus standi was confirmed, with the Deputy Registrar empowered to act and the substitution of the Prudential Authority statutorily mandated. The directive was validly issued, and the absence of the true amount in the directive…
Source excerpt
Mpe v Matshela (6356/21) [2021] ZAGPPHC 750 (26 October 2021)
The High Court upheld an exception to particulars of claim, finding the pleadings did not disclose a cause of action and granting leave to amend.
Iqhayiya Design Workshop (Pty) Ltd v Inxuba Yethemba Local Municipality (1219/18) [2019] ZAECGHC 92 (19 September 2019)
The court upheld an exception to particulars of claim, finding the plaintiff had not pleaded sufficient facts about two contracts and that one agreement never became operational.
Win Twice Properties (Pty) Ltd v Capitulo Entertainment (Pty) Ltd t/a Galaxy World and Others (33426/2017) [2018] ZAGPJHC 519 (7 September 2018)
The High Court upheld an exception to parts of a lease-damages claim, striking paragraphs 12, 13 and 15 for vagueness and lack of particularity.
Kabe v Nedbank Ltd (JS633/13) [2014] ZALCJHB 87 (24 March 2014)
The Labour Court granted condonation for a late referral, but held it lacked jurisdiction over unreferenced occupational detriment claims and upheld an exception.
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