South Africa Case Law

MTO Forestry (Pty) Ltd v Eskom Holdings (SOC) Limited and Another (919/2020; 926/2020)

MTO Forestry (Pty) Ltd v Eskom Holdings (SOC) Limited and Another (919/2020; 926/2020) [2023] ZAECQBHC 50 (5 September 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

919/2020; 926/2020

Judge

O H Ronaasen

The court found that Eskom's reliance on the Apportionment of Damages Act was misplaced because the two fires constituted separate loss-causing events, each with distinct instances of negligence and damage. Therefore, Eskom and the municipality are not joint wrongdoers for purposes of the Act, and the Act does not apply. Eskom's proposed amendment to its third party annexure did not cure the defects identified in the earlier judgment and failed to disclose facts necessary to sustain a claim against the municipality. In the Woodridge action, the relief sought by Eskom under rule 13 was not com…

Source excerpt

• Apportionment Of Damages Act
• Joinder Of Parties
• Third Party Procedure
• Exception To Pleading
• Negligence
• Multiplicity Of Actions

Broadhurst v Gearhouse Splitbeam (Pty) Limited and Another (9915/2020)

Broadhurst v Gearhouse Splitbeam (Pty) Limited and Another (9915/2020) [2023] ZAGPJHC 782; [2023] 3 All SA 682 (GJ); 2023 (6) SA 232 (GJ) (6 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

9915/2020

Judge

Gilbert AJ

The court held that section 2(4)(a) of the Apportionment of Damages Act does not require leave to be obtained before instituting proceedings against a joint wrongdoer; leave may be sought after the event. The wording of the section is ambiguous and does not expressly prohibit retrospective leave. The purpose of the Act—to avoid multiplicity of actions and prejudice to joint wrongdoers—is not undermined by permitting leave to be sought after institution, provided good cause is shown. The applicant's explanation for failing to give notice, namely ignorance of the statutory requirement by his pr…

Source excerpt

• Apportionment Of Damages Act
• Joinder Of Parties
• Multiplicity Of Actions
• Good Cause Requirement
• Statutory Interpretation

TMS Group Industrial Services (Pty) Limited and Another v Hydra ARC (Pty) Ltd and Another (11079/2021)

TMS Group Industrial Services (Pty) Limited and Another v Hydra ARC (Pty) Ltd and Another (11079/2021) [2021] ZAGPJHC 659 (4 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

11079/2021

Judge

R Keightley

The High Court dismissed an application to terminate an arbitration agreement, holding that the applicants had not shown good cause under section 3 of the Arbitration Act.

• Arbitration Act Section 3
• Termination Of Arbitration Agreement
• Locus Standi
• Multiplicity Of Actions
• Efficiency In Dispute Resolution
• Arbitration

Applied Medical Nutrition (Pty) Ltd v DSM Nutritional Products South Africa (Pty) Ltd and Another (2016/40817)

Applied Medical Nutrition (Pty) Ltd v DSM Nutritional Products South Africa (Pty) Ltd and Another (2016/40817) [2018] ZAGPJHC 589 (18 October 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2016/40817

Judge

Spilg

The High Court upheld exceptions in part, finding the plaintiff had not properly pleaded negligence and must clarify DSM’s link to the written instruction.

• Duty Of Care
• Negligence
• Vague And Embarrassing Pleading
• Manufacturer Liability
• Multiplicity Of Actions
• Delict

MS "Bonanza" Schiffahrtgesellschaft mbH & Co, KG and Another v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions and Another (A50/2017)

MS "Bonanza" Schiffahrtgesellschaft mbH & Co, KG and Another v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions and Another (A50/2017) [2018] ZAKZDHC 6 (29 March 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

A50/2017

Judge

Mngadi

The court refused a shipowners’ request for a declaratory order extending South African limitation of liability to foreign proceedings.

• Limitation Of Liability
• Forum Non Conveniens
• Declaratory Relief
• Admiralty Jurisdiction Regulation Act
• Merchant Shipping Act
• Multiplicity Of Actions

Smith v Schoeman and Another (1802/2017)

Smith v Schoeman and Another (1802/2017) [2017] ZAFSHC 136 (25 August 2017)

Court

Free State High Court, Bloemfontein

Case number

1802/2017

Judge

Mhlambi

The High Court granted the Road Accident Fund’s joinder as second defendant, holding that joinder turns on substantially the same questions of law or fact.

• Joinder Of Parties
• Duty Of Care
• Breach Of Mandate
• Negligence
• Multiplicity Of Actions
• Joinder-of-parties

Shake's Multi-Save Supermarket CC v Haffejee and Another; In re: Shake's Multi-Save Supermarket CC v Haffejee (413/12)

Shake's Multi-Save Supermarket CC v Haffejee and Another; In re: Shake's Multi-Save Supermarket CC v Haffejee (413/12) [2015] ZANWHC 48 (21 August 2015)

Court

North West High Court, Mafikeng

Case number

413/12

Judge

A A Landman

The High Court granted joinder of A I Hampers CC as second defendant, holding that joinder on grounds of convenience remained competent and would avoid multiple actions.

• Joinder Of Parties
• Oral Agreement
• Multiplicity Of Actions
• Direct And Substantial Interest
• Joinder-of-parties
• Civil-procedure

Absa Bank Limited v Cohen (32870/12)

Absa Bank Limited v Cohen (32870/12) [2014] ZAGPJHC 250 (3 June 2014)

Court

South Gauteng High Court, Johannesburg

Case number

32870/12

Judge

Weiner

The High Court dismissed an exception to a counterclaim over alleged shareholder duty of care issues, holding the pleading was not vague and that policy questions should go to trial.

• Company Law Shareholder Claims
• Duty Of Care
• Exception Procedure
• Multiplicity Of Actions
• Aquilian Action Extension
• Policy Considerations

Kruger v Thompson (10662/2009)

Kruger v Thompson (10662/2009) [2012] ZAKZPHC 62 (26 September 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10662/2009

Judge

Koen

The High Court upheld a special plea of res judicata and dismissed a personal injury claim arising from a jet-ski collision, holding the earlier property-damage claim should have included all damages.

• Res Judicata
• Once And For All Rule
• Aquilian Action
• Issue Estoppel
• Personal Injury Damages
• Multiplicity Of Actions

Eravin Construction CC v Twin Oaks Estate Development (Pty) Ltd (1573/10)

Eravin Construction CC v Twin Oaks Estate Development (Pty) Ltd (1573/10) [2012] ZANWHC 27 (29 June 2012)

Court

North West High Court, Mafikeng

Case number

1573/10

Judge

A M Kgoele

The High Court upheld a lis alibi pendens plea, stayed the later action, and ordered punitive costs after finding two actions concerned the same dispute.

• Lis Alibi Pendens
• Res Judicata
• Multiplicity Of Actions
• Abuse Of Process
• Lis-alibi-pendens
• Res-judicata