South Africa Case Law

EOH Mthombo (Proprietary) Limited and Others v Henry and Others (55272/2021)

EOH Mthombo (Proprietary) Limited and Others v Henry and Others (55272/2021) [2024] ZAGPJHC 528 (31 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

55272/2021

Judge

T Bokako

Condonation for the late filing of the plaintiffs' replication is justified. The plaintiffs provided a cogent and reasonable explanation for the delay, primarily due to senior counsel's health setbacks and the late delivery of the defendant's plea. The replication raises triable issues and addresses the defendants' special pleas regarding notice under the Apportionment of Damages Act and prescription under the Prescription Act. The court finds no prejudice to the defendants if condonation is granted. The interests of justice and fairness, as entrenched in the Constitution, require that the ma…

Source excerpt

• Condonation
• Late Filing Of Replication
• Apportionment Of Damages Act
• Prescription Act
• Fraudulent Scheme
• Notice To Joint Wrongdoer

N.F v Santam Limited (11554/2017)

N.F v Santam Limited (11554/2017) [2024] ZAWCHC 12 (26 January 2024)

Court

Western Cape High Court, Cape Town

Case number

11554/2017

Judge

Mantame

The High Court granted condonation for the late filing of a replication in a medical-malpractice insurance dispute, finding triable issues about coverage and insolvency.

• Condonation
• Late Filing Of Replication
• Medical Malpractice
• Insurance Liability
• Insolvency Act Section 156
• Replication