South Africa Case Law

Redink Rentals (RF) Limited v Educor Holdings (Pty) Ltd and Others (D11077/2023)

Redink Rentals (RF) Limited v Educor Holdings (Pty) Ltd and Others (D11077/2023) [2025] ZAKZDHC 13 (27 March 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D11077/2023

Judge

Mathenjwa

The High Court held that enforcing a settlement agreement after withdrawal of earlier proceedings was not an irregular step, and dismissed the respondents' application.

• Settlement Agreement Enforcement
• Irregular Step Application
• Rule 41 4 Interpretation
• Condonation For Late Filing
• Settlement-agreement-enforcement
• Irregular-step

Amakhaza Moia (Pty) Ltd v Government Employees Pension Fund (2020/15023)

Amakhaza Moia (Pty) Ltd v Government Employees Pension Fund (2020/15023) [2024] ZAGPJHC 702 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/15023

Judge

Ford

The High Court held that a third party notice may be issued against a party already before court, and that an affidavit can serve as the notice under Rule 13.

• Third Party Joinder
• Uniform Rule 13
• Irregular Step Application
• Civil-procedure
• Third-party-joinder
• Uniform-rule-13

Msimango v Peters (2021/A3026)

Msimango v Peters (2021/A3026) [2022] ZAGPJHC 418 (21 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/A3026

Judges

T Ossin, G Malindi

The court held that the Hyde Park house constituted a valid residence for service under rule 9(3)(b), as the appellant owned the property, visited it regularly, and had previously accepted service there without objection. The irregular step application was procedurally incompetent, having been brought almost a year out of time without condonation, and sought relief not contemplated by the rules. The magistrates' notes on the file were not binding orders but mere queries or requests, and did not justify setting aside the summons. The appellant's conduct, including delay, technical objections,…

Source excerpt

• Service Of Process
• Magistrates Court Rules
• Irregular Step Application
• Punitive Costs
• Residence For Service
• Condonation