South Africa Case Law

Vetvax (Pty) Ltd and Others v Fertilizers, Farms Feeds, Agricultural Remedies and Stock Remedies and Others (2023/039977)

Vetvax (Pty) Ltd and Others v Fertilizers, Farms Feeds, Agricultural Remedies and Stock Remedies and Others (2023/039977) [2025] ZAGPPHC 212 (12 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/039977

Judges

LM Molopa-Sethosa, S Yacoob, E Raubenheimer

The High Court dismissed an application over a disputed viral strain, finding unresolved factual disputes and non-compliance concerns, and ordered attorney-client costs.

• Non Proliferation Act Compliance
• Animal Diseases Act Compliance
• Dispute Of Fact
• Punitive Costs
• Interlocutory Applications
• Dispute-of-fact

JR 209 Investments (Pty) Ltd and Others v Homeless People Housing Co-operative Ltd and Others (49668/2020)

JR 209 Investments (Pty) Ltd and Others v Homeless People Housing Co-operative Ltd and Others (49668/2020) [2022] ZAGPPHC 254 (24 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

49668/2020

Judge

Manamela

The applicants failed to discharge the onus of proving contempt of court against the respondents. There was insufficient evidence of non-compliance with previous court orders, and the allegations of ongoing unlawful occupation were not substantiated. The court found that the respondents had complied with the relevant orders and that the applicants' repeated applications for contempt and liquidation were unjustified and amounted to an abuse of process. The interlocutory application for condonation was granted, as the delay was adequately explained and caused no prejudice. The respondents' appl…

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• Contempt Of Court
• Interlocutory Applications
• Liquidation Of Cooperative
• Punitive Costs
• Striking Out Affidavit Paragraphs

Wesbank, A Division of Firstrand Bank Limited v Investment Auto Group (Pty) Ltd and Others (2020/7439)

Wesbank, A Division of Firstrand Bank Limited v Investment Auto Group (Pty) Ltd and Others (2020/7439) [2021] ZAGPJHC 449 (24 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/7439

Judge

Windell

The High Court upheld a special plea of res judicata, holding that an erroneously granted default judgment remained effective until rescinded by court order.

• Res Judicata
• Default Judgment
• Abandonment Of Judgment
• Practice Directives
• Interlocutory Applications
• Res-judicata

Coetzer v Wesbank, a division of Firstrand Bank Limited (2020/7439)

Coetzer v Wesbank, a division of Firstrand Bank Limited (2020/7439) [2021] ZAGPJHC 112; 2022 (2) SA 178 (GJ) (24 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/7439

Judge

T Siwendu

The court held that interlocutory applications could not proceed while a default judgment against the applicant stood. Wesbank’s abandonment did not nullify it.

• Default Judgment
• Abandonment Of Judgment
• Functus Officio
• Res Judicata
• Interlocutory Applications
• Default-judgment

Star Internet Cafe v Vukani Gaming Northern Cape (Pty) Ltd (254/2018)

Star Internet Cafe v Vukani Gaming Northern Cape (Pty) Ltd (254/2018) [2020] ZANCHC 23 (5 June 2020)

Court

Northern Cape High Court, Kimberley

Case number

254/2018

Judges

Phatshoane, Mamosebo, Stanton

The court held that references in the respondent's affidavits to the employment status and mandate of the investigators did not constitute direct or indirect reference to employment contracts or written briefs for the purposes of Rule 35(12). Any inference of the existence of such documents was speculative and insufficient to trigger the obligation to produce them. The mandates were oral and not in writing, and the documents sought were irrelevant to the main application, which concerned whether illegal gambling was conducted at the appellant's premises. The court found that the order refusin…

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• Discovery In Motion Proceedings
• Rule 35 Discovery
• Interlocutory Applications
• Costs Punitive Scale

Qalashe v Member of the Executive Council for the Department of Health, Eastern Cape (PS29/17)

Qalashe v Member of the Executive Council for the Department of Health, Eastern Cape (PS29/17) [2019] ZALCPE 28; [2020] 4 BLLR 394 (LC) (22 October 2019)

Court

Labour Court Port Elizabeth

Case number

PS29/17

Judge

Tlhotlhalemaje

The Court found that while the respondent's preliminary points regarding the applicant's failure to plead a specific ground for discrimination have merit, the manner in which they were raised did not comply with Rule 11 of the Labour Court Rules and Clause 10.3 of the Practice Manual. These provisions require that such points be brought by way of interlocutory application on notice, supported by affidavit. The Practice Manual is binding on parties, and non-compliance with its procedures cannot be condoned. The Court exercised its discretion to postpone the trial proceedings to allow the appli…

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• Employment Equity Act
• Unfair Discrimination
• Equal Pay For Equal Work
• Interlocutory Applications
• Practice Manual Compliance

Soweto Structural Steel Engineering (Pty) Ltd v Trade Property Ventures No 14 CC (A3071/2018)

Soweto Structural Steel Engineering (Pty) Ltd v Trade Property Ventures No 14 CC (A3071/2018) [2018] ZAGPJHC 609 (29 October 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A3071/2018

Judges

Twala, Matsemala

The High Court dismissed an appeal against condonation for late filing of a plea and counterclaim, holding the magistrate acted judicially and the order was not appealable.

• Condonation
• Late Filing Of Plea
• Upliftment Of Bar
• Interlocutory Applications
• Late-filing
• Interlocutory-appeals

Vishnu Munilall and Associates v Minister of Justice and Others (11239/2006)

Vishnu Munilall and Associates v Minister of Justice and Others (11239/2006) [2016] ZAGPPHC 1179 (23 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

11239/2006

Judge

N Davis

The court postponed intertwined interlocutory applications sine die, referred the State Tender Board’s existence to the trial, and ordered the applicant to pay costs.

• Declaratory Relief
• State Tender Board Act
• Interlocutory Applications
• Default Judgment
• Prescription
• Costs Award

Dream Sets (Pty) Ltd v Strike Productions (Pty) Ltd (2010/38437)

Dream Sets (Pty) Ltd v Strike Productions (Pty) Ltd (2010/38437) [2013] ZAGPJHC 169 (13 June 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2010/38437

Judge

T.V. Ratshibvumo

High Court costs ruling on interlocutory applications. The court ordered the defendant to pay costs after its non-compliance and unsuccessful opposition.

• Costs Awards
• Interlocutory Applications
• Rule 35 Discovery
• Striking Out Pleadings
• Civil-procedure
• Costs-orders

Farrington Farming (Pty) Ltd and Others v Volcano Agrosciences (Pty) Ltd and Another; In re: Frikton CC v Chris Hani District Municipality (75/2008, 3245/2009)

Farrington Farming (Pty) Ltd and Others v Volcano Agrosciences (Pty) Ltd and Another; In re: Frikton CC v Chris Hani District Municipality (75/2008, 3245/2009) [2010] ZAECGHC 134 (18 March 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

75/2008, 3245/2009

Judge

B C Hartle

The court set filing deadlines for answering and replying affidavits in two opposed interlocutory discovery applications and held that rule 6(11) allows flexible procedure.

• Discovery Procedure
• Interlocutory Applications
• Rule 35
• Set Down Procedure
• Costs Reservation
• Civil-procedure