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South Africa decisions
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IPC Plumbing SA (Pty) Ltd v Azraprty (Pty) Ltd (079559/2023) [2025] ZAGPPHC 438 (9 May 2025)
The High Court dismissed a Rule 28(4) amendment application and upheld an exception, finding the pleadings still failed to clearly disclose a cause of action against the first defendant.
Element Six (Production) (Pty) Ltd v Solidarity and Others (JS568/22) [2025] ZALCJHB 109; (2025) 46 ILJ 1426 (LC) (19 March 2025)
The Labour Court upheld an exception to a pleading over post-retirement medical aid benefits, struck out the amended claim, but allowed amendment and made no costs order.
E.S v J.H.C.S (2022/17221) [2025] ZAGPJHC 275 (13 March 2025)
High Court application to uplift a notice of bar and amend divorce-settlement pleadings dismissed; absolution from the instance granted and costs awarded to the respondent.
Drakenstein Municipality v Guardrisk Allied Products and Services (Pty) Ltd and Another (2020/12145) [2025] ZAGPJHC 234 (11 March 2025)
The court allowed Drakenstein Municipality to amend its replication to argue that a partially repudiated insurance claim was not ‘rejected’ for the policy time bar.
JVZ JV and Others v City of Cape Town (4873/2022) [2023] ZAWCHC 72 (13 April 2023)
High Court exception case over a construction contract claim: the court upheld exceptions, finding the pleadings lacked clarity and granting leave to amend.
Koster v Industrial Zone Limited and Others (A5066/2021) [2022] ZAGPJHC 981 (13 December 2022)
The High Court allowed a late amendment to plead vagueness in a sale agreement’s finance condition and reinstated the appeal, with costs against the appellant’s estate.
PKX Capital (Pty) Ltd v Isago at N12 Development (Pty) Ltd (87615/2019) [2022] ZAGPPHC 175 (24 March 2022)
The court found that the amendment sought by the plaintiff was derived from the same agreement underlying the original claim and did not mislead the defendant. References to the relevant clauses were made in the evidence, and the amendment would allow proper ventilation of the dispute. The court held that the amendment raised a triable issue deserving of consideration and was supported by prima facie evidence. Any prejudice to the defendant could be cured by a costs order and the opportunity to recall witnesses. The timing of the amendment, though late, was not decisive, and delay alone does…
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Twala and Others v Nhleko N.O. and Others (40575/2018) [2021] ZAGPJHC 609 (29 March 2021)
The High Court stayed the MTN trust dispute and referred it to arbitration under the Alpine Trust Deed, holding the beneficiaries were bound by its arbitration clause.
Safintra South Africa (Pty) Ltd v Prince (CA 15/2020) [2021] ZAECGHC 17 (22 February 2021)
The court held that the learned acting judge was functus officio after delivering the ex tempore order on 22 February 2018 and had no authority to issue a subsequent judgment materially amending that order. The subsequent judgment was therefore null and void. The principle of finality of judgments and the rule of law require that once a final order is made, the court's jurisdiction over the matter ceases. The convening of the full court to address the subsequent judgment was unnecessary, as the invalid judgment had no legal standing. Accordingly, the appeal was struck off the roll with no ord…
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Stiglingh and Another v Debt Rescue (26324/2019) [2020] ZAGPJHC 378 (15 December 2020)
The High Court upheld an exception to particulars of claim for failing to disclose a cause of action, but granted leave to amend and awarded costs.
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