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South Africa decisions
Decisions matching the current search
Zisiwe v Naude N.O and Others (KP309/2018) [2025] ZANWHC 106 (23 June 2025)
The High Court dismissed an application for further particulars in a will dispute, holding the request was not strictly necessary for trial preparation.
Naidoo v Magampha and Another (2023/036454) [2025] ZAGPJHC 225 (3 March 2025)
The application for review was dismissed because the applicant failed to establish that the magistrate's ruling on further particulars constituted a gross irregularity or created a real risk of grave injustice. The High Court reaffirmed the principle that it does not intervene in incomplete criminal proceedings except in rare and exceptional circumstances, which were not present in this case. The State's responses to requests for further particulars were found to be adequate, and any missing information was either immaterial, obtainable by other means, or not in the State's possession. The ap…
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Spectrum Logistics (Pty) Ltd v Karoo Treats CC t/a JFM Logistics (1447/2022) [2025] ZAECQBHC 3 (18 February 2025)
The court dismissed a discovery and further-particulars application, finding the requested documents vague, overbroad, and not shown to be relevant or strictly necessary.
Mmamoleboge Investment CC v Minister of the Department of Public Works of the Republic of South Africa and Others (5086/2016) [2024] ZALMPPHC 6 (17 January 2024)
The High Court dismissed an application to strike out or dismiss a claim, holding that incomplete replies to further particulars were adequate for trial preparation.
Radmore v De Wet and Another (56221/2021) [2024] ZAGPJHC 28 (17 January 2024)
The High Court dismissed an application to compel further particulars under Rule 21, finding the requested details were not strictly necessary for trial preparation.
JJJ (Pty) Ltd v Commissioner for the South African Revenue Service (VAT 22425) [2024] ZATC 7 (16 January 2024)
The court held that the taxpayer's application to compel further discovery from SARS was not justified, as the documents sought pertained to SARS's wider industry investigation and were not strictly relevant to the pleaded case. SARS is only required to discover documents it intends to rely on, and the taxpayer has sufficient information to prepare its defence. Similarly, the taxpayer's application for further particulars was dismissed, as the requests were either matters of argument or evidence, not particulars necessary for trial preparation. SARS's application to compel further discovery f…
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Nwandlamhari Communal Property Association and Another v Mathebula and Others (LCC 89/2019) [2023] ZALCC 36 (22 June 2023)
The Land Claims Court ordered the Minister and Department to provide further particulars about decisions on the transferee for Mala Mala land.
Oraclemed Health (Pty) Ltd v Hollard Life Assurance Company Limited and Another (31338/2013) [2023] ZAGPJHC 469 (17 May 2023)
The court granted an application to compel further particulars for trial, holding the defendants’ replies under Rule 21 were inadequate and the request was necessary for fair preparation.
Lutzen v Knysna Municipality (695/2020) [2023] ZAWCHC 100 (8 May 2023)
Discovery and further particulars dispute in a delict action over a collapsed walkway. The court compelled compliance with Rule 35 and ordered limited Rule 21 particulars.
L.N and Another v Road Accident Fund [2023] ZAGPPHC 274; 43687/2020 (20 April 2023)
The High Court refused applications to compel further particulars and discovery in RAF litigation, finding the steps unnecessary and abusive.
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