South Africa Case Law

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022)

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022) [2025] ZAGPJHC 773 (13 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

026912/2022

Judge

S D J Wilson

The court found that the oral agreement reached in October 2021 and memorialised in the 4 November 2021 email was an agreement between Mr. Glen Fine and Mr. Berger personally to share equally any amount recovered from Mr. David Fine. The context, conduct of the parties, and the evidence presented demonstrated that the individuals did not distinguish between themselves and their companies in the operation of the joint venture. The money recovered from Mr. David Fine was paid into Mr. Berger's personal account, further supporting the conclusion that the agreement bound the individuals. The cour…

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• Joint Venture Dispute
• Contractual Interpretation
• Personal Liability
• Misjoinder
• Settlement Agreement

Mthombeni v Masuku and Others (2025-124686)

Mthombeni v Masuku and Others (2025-124686) [2025] ZAGPPHC 783 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-124686

Judge

E van der Schyff

The court held that the managing agent was improperly joined in a spoliation application and ordered the applicant to pay its costs on an attorney-and-client scale.

• Joinder Of Parties
• Spoliation
• Costs Orders
• Punitive Costs
• Misjoinder
• Punitive-costs

De Moor and Another v Gunnel NO and Others (2023/101371)

De Moor and Another v Gunnel NO and Others (2023/101371) [2025] ZAGPJHC 619 (12 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/101371

Judge

Senyatsi

The High Court addressed joinder and misjoinder in a will challenge, allowing citation of the executrix in her representative capacity only and refusing personal-capacity citations.

• Joinder Of Parties
• Misjoinder
• Will Contestation
• Executor Citation
• Beneficiary Rights
• Joinder-of-parties

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…

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

Perumal v FDE Debt Collection and Another (2025/040411)

Perumal v FDE Debt Collection and Another (2025/040411) [2025] ZAGPJHC 440 (6 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/040411

Judge

Noko

The court found that the first respondent was aware of the court order, having been present when it was granted and having received it via WhatsApp and email. The respondents failed to take reasonable steps to comply with the order, merely notifying the bank rather than demanding the vehicle or seeking further relief from the court. The argument that the order was unclear was rejected, as the order required all reasonable steps to ensure the vehicle's return. The respondents did not discharge the evidentiary burden to show lack of wilfulness or mala fides. The point in limine regarding lack o…

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• Contempt Of Court
• Enforcement Of Court Orders
• Misjoinder
• Service Of Process
• Ius Retentionis

Parkin and Others v Knysna Local Municipality (5855/2020)

Parkin and Others v Knysna Local Municipality (5855/2020) [2025] ZAWCHC 182; [2025] 3 All SA 530 (WCC) (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

5855/2020

Judge

Holderness

The court found that the issues raised in the special pleas of non-joinder and misjoinder are not inextricably interwoven with the remaining issues for determination in the main action. The determination of which municipality bears the legal duties relied upon by the plaintiffs is a discrete legal question that can be conveniently separated and adjudicated first. The court held that if the defendant succeeds on its misjoinder plea, it will be dispositive of the plaintiffs’ claim against it. The court further found that the determination of non-joinder should precede the merits to avoid making…

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• Separation Of Issues
• Non Joinder
• Misjoinder
• Municipal Liability
• Fire Damage
• Statutory Duties

Magdeline and Others v Indluplace Property Management (Pty) Ltd and Others (022833/2024)

Magdeline and Others v Indluplace Property Management (Pty) Ltd and Others (022833/2024) [2025] ZAGPPHC 366 (23 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

022833/2024

Judge

W Domingo

The court dismissed an application for restoration of utilities and related relief, finding the papers factually unsupported, vague, unenforceable, and misjoined.

• Final Interdict
• Misjoinder
• Costs De Bonis Propriis
• Vague And Ambiguous Relief
• Enforceability Of Orders
• Final-interdict

Shabalala v Madikane and Another (2024/092169)

Shabalala v Madikane and Another (2024/092169) [2025] ZAGPJHC 130 (20 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/092169

Judge

S D J Wilson

The High Court dismissed an insurer’s application to strike out a claim, finding the pleaded case suggested possible misjoinder rather than no cause of action.

• Exception Procedure
• Misjoinder
• Negligent Driving
• Insurance Liability
• Civil-procedure
• Exception

Lekabe v Special Investigating Unit (SIU) and Others (GP09/2019)

Lekabe v Special Investigating Unit (SIU) and Others (GP09/2019) [2025] ZAST 4 (17 February 2025)

Court

Special Tribunal

Case number

GP09/2019

Judge

M Victor

The Special Tribunal refused an amendment seeking to add non-joinder and misjoinder special pleas, holding that joinder cannot be bypassed through amendment.

• Joinder Of Parties
• Amendment Of Pleadings
• Misjoinder
• Uniform Rules Of Court
• Apportionment Of Damages Act
• Interests Of Justice

Carolina Local Economic Development Centre and Another v Ilima Coal Company (Pty) Ltd and Others (38545/2022)

Carolina Local Economic Development Centre and Another v Ilima Coal Company (Pty) Ltd and Others (38545/2022) [2025] ZAGPPHC 113 (13 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

38545/2022

Judge

Holland-Muter

PAIA review dismissed: the applicants failed to exhaust procedures, lacked locus standi, and misjoined distinct respondents in a broad records request.

• Promotion Of Access To Information Act
• Locus Standi
• Misjoinder
• Jurisdiction
• Costs Award
• Paia