South Africa Case Law

E.M.V v C(...) (Pty) Ltd and Another (21010/2016)

E.M.V v C(...) (Pty) Ltd and Another (21010/2016) [2023] ZAGPJHC 619 (2 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21010/2016

Judge

Turner

The court found that the defendant made out a case for joinder of Mr V as a third party after the close of pleadings. The Prescription Act does not bar the claim for contribution or indemnification at this stage, as the defendant does not have an independent claim for a debt against Mr V; the claim arises only if she is found liable to the plaintiff. The allegations in the third-party notice, if proven, would establish that all funds claimed from the defendant were withdrawn with Mr V's consent and for his benefit, thus disclosing a cause of action for contribution. The defendant provided a s…

Source excerpt

• Joinder Of Third Party
• Uniform Rule 13
• Prescription Act
• Contribution And Indemnification

Dragon Contractors (Pty) Ltd v Superway Construction (1851/16)

Dragon Contractors (Pty) Ltd v Superway Construction (1851/16) [2017] ZAGPPHC 571 (22 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

1851/16

Judge

Malatji

The court dismissed an application to enforce a JBCC adjudicator’s award, holding payment was not yet due under a pay-when-paid clause and that later penalties defeated the claim.

• Jbcc Contract
• Adjudicator Award Enforcement
• Pay When Paid Clause
• Joinder Of Third Party
• Jbcc-contract
• Adjudicator-award-enforcement

Van Den Heever v Netcare Cape (Pty) Ltd and Another (21453/10)

Van Den Heever v Netcare Cape (Pty) Ltd and Another (21453/10) [2013] ZAWCHC 197 (8 November 2013)

Court

Western Cape High Court, Cape Town

Case number

21453/10

Judge

Le Grange

The High Court refused late joinder of a third party, finding the defendant gave no adequate explanation for delay and failed to show a prima facie case.

• Joinder Of Third Party
• Rule 13 Uniform Rules
• Prima Facie Case Requirement
• Condonation For Late Joinder
• Joinder-of-third-party
• Rule-13-3-b

Wakefileds Real Estate (Pty) Ltd v Attree and Others (17185/05)

Wakefileds Real Estate (Pty) Ltd v Attree and Others (17185/05) [2010] ZAKZDHC 3 (10 February 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

17185/05

Judge

Nicholson

The court dismissed an estate agent’s claim for commission, finding no tacit agreement on commission and that the plaintiff was not the effective cause of the sale.

• Estate Agency Commission
• Tacit Agreement
• Effective Cause Of Sale
• Joinder Of Third Party
• Costs Award
• Estate-agency-commission