South Africa Case Law

Exxaro Coal Mpumalanga (Pty) Ltd v ABSA Bank Limited (2023/028000)

Exxaro Coal Mpumalanga (Pty) Ltd v ABSA Bank Limited (2023/028000) [2025] ZAGPJHC 499 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/028000

Judge

S D J Wilson

The court found that ABSA was entitled to reject Exxaro's first demand, which was defective. However, the second demand was a separate act and required a distinct response. ABSA failed to reject the second demand within five days as required by the URDG, and thus was precluded from relying on any defects in that demand. The guarantee expired on 19 June 2020, and the second demand was made on that day, satisfying the requirement that the demand be received before expiry. The court rejected ABSA's argument that unconscionability was a valid defence, finding no unreasonable or excessive conduct…

Source excerpt

• Demand Guarantee
• Uniform Rules For Demand Guarantees
• Contractual Interpretation
• Issue Estoppel
• Unconscionability

Anirudhra v Sefako Makgatho Health Sciences University (38965/2019)

Anirudhra v Sefako Makgatho Health Sciences University (38965/2019) [2025] ZAGPPHC 559 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

38965/2019

Judge

HF Oosthuizen

The court found that the issues raised in the defendant's special plea of misjoinder are discrete and can be conveniently separated from the other issues in the action. There is no overlap of evidence between the conclusion of the incorporation agreement and the merits of the plaintiff's claim, which occurred years before the agreement and at a different institution. The plea of issue estoppel does not answer the special plea, as the prior judgment did not adjudicate the special plea and the defendant was not a party to the earlier proceedings. The court held that it is convenient for the spe…

Source excerpt

• Separation Of Issues
• Misjoinder
• Issue Estoppel
• Contractual Damages

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022)

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022) [2025] ZALCJHB 146 (2 April 2025)

Court

Labour Court Johannesburg

Case number

JS362/2022

Judge

G.C. Phakedi

The Labour Court dismissed special pleas of res judicata, lis alibi pendens, issue estoppel and arbitration in a leave-encashment contract dispute.

• Collective Agreement
• Contractual Claim
• Res Judicata
• Lis Alibi Pendens
• Issue Estoppel
• Arbitration Clause

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd (20541/2018)

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd (20541/2018) [2025] ZAGPPHC 155 (13 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

20541/2018

Judge

Janse van Nieuwenhuizen

The High Court refused Austell’s amendment of its plea, separated a res judicata issue from damages, and held the separated issue should be tried first.

• Unlawful Competition
• Interlocutory Amendment
• Res Judicata
• Issue Estoppel
• Rule 33 4 Separation
• Damages Claim Consolidation

Eden v Ellis and Another (10604/2020 ; 11636/2023)

Eden v Ellis and Another (10604/2020 ; 11636/2023) [2024] ZAWCHC 396; [2025] 1 All SA 314 (WCC) (28 November 2024)

Court

Western Cape High Court, Cape Town

Case number

10604/2020 ; 11636/2023

Judge

P Farlam

The court dismissed Mr Eden’s rescission application for gross delay and failure to prove fraud, and granted provisional sequestration with a rule nisi.

• Rescission Of Judgment
• Fraud In Motion Proceedings
• Partnership Liquidation
• Provisional Sequestration
• Abuse Of Process
• Issue Estoppel

Joubert v Minister of Justice and Correctional Service and Another (648/2020)

Joubert v Minister of Justice and Correctional Service and Another (648/2020) [2024] ZANWHC 287 (20 November 2024)

Court

North West High Court, Mafikeng

Case number

648/2020

Judge

A Reddy

The High Court dismissed a plaintiff’s res judicata and estoppel pleas in a damages action over detention, finding the earlier review did not determine liability.

• Malicious Prosecution
• Unlawful Detention
• Res Judicata
• Issue Estoppel
• Quantum Of Damages
• Res-judicata

Cross Med Health Centre (Pty) Limited v Board of Healthcare Funders NPC and Others (2023/082674)

Cross Med Health Centre (Pty) Limited v Board of Healthcare Funders NPC and Others (2023/082674) [2024] ZAGPJHC 1190 (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/082674

Judge

Theron

The High Court dismissed Dr Yako’s counter-application, finding he lacked standing, was disqualified as an unrehabilitated insolvent, and was barred by res judicata.

• Locus Standi
• Director Disqualification
• Issue Estoppel
• Res Judicata
• Practice Code Numbering
• Company Liquidation

Pristine Seafoods (Pty) Ltd v Collective Dream Studios (Pty) Ltd and Another (3834/2024)

Pristine Seafoods (Pty) Ltd v Collective Dream Studios (Pty) Ltd and Another (3834/2024) [2024] ZAWCHC 294 (9 October 2024)

Court

Western Cape High Court, Cape Town

Case number

3834/2024

Judge

E D Wille

High Court review of arbitration awards dismissed: the court held the second review was barred by res judicata and issue estoppel and found no bias or denial of a fair hearing.

• Arbitration Act 1965
• Remittal Of Award
• Issue Estoppel
• Res Judicata
• Fair Hearing
• Ownership Transfer

Prinsloo and Others v Development Bank of Southern Africa Ltd (Leave to Appeal) (63387/2020)

Prinsloo and Others v Development Bank of Southern Africa Ltd (Leave to Appeal) (63387/2020) [2024] ZAGPPHC 1010 (27 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

63387/2020

Judge

Snyman

The High Court refused leave to appeal against an order enforcing an arbitration award and dismissing a counter-application for a stay pending new litigation.

• Leave To Appeal
• Arbitration Award Enforcement
• Stay Of Execution
• Res Judicata
• Issue Estoppel
• Judicial Discretion

Attorneys Fidelity Fund Board of Control v Love and Others (7793/2015)

Attorneys Fidelity Fund Board of Control v Love and Others (7793/2015) [2024] ZAGPJHC 841 (26 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

7793/2015

Judge

S van Nieuwenhuizen

The High Court dismissed the Fund’s leave-to-appeal application, finding no reasonable prospects of success and rejecting res judicata and issue-estoppel arguments.

• Leave To Appeal
• Res Judicata
• Issue Estoppel
• Review Of Administrative Action
• Attorneys Act Section 48
• Costs Award