South Africa Case Law

Agenbag Motor Group v Nkitseng (Appeal) (CIV APP MG 13/2024)

Agenbag Motor Group v Nkitseng (Appeal) (CIV APP MG 13/2024) [2025] ZANWHC 110 (1 July 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 13/2024

Judges

Oosthuizen-Senekal, C Mokhare

The appeal was dismissed because the appellant's claim for storage fees had prescribed under section 11(d) of the Prescription Act 68 of 1969, as the cause of action arose when the vehicle was first stored and not when the demand was made. The appellant failed to establish that the respondent was the correct party to be sued, as the vehicle was purchased by Ipolokeng Funeral Parlour and not by the respondent personally. The non-joinder of Ipolokeng Funeral Parlour was a fatal procedural irregularity, as it was the entity with a direct and substantial interest in the outcome. Furthermore, the…

Source excerpt

• Prescription Act
• Locus Standi
• Non Joinder
• No Cause Of Action
• Contractual Liability

Egoli Sport (Pty) Ltd and Others v Global Sports Betting (Pty) Ltd (2024/065348)

Egoli Sport (Pty) Ltd and Others v Global Sports Betting (Pty) Ltd (2024/065348) [2025] ZAGPJHC 575 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/065348

Judge

PG Louw

The High Court upheld an exception to particulars of claim for failing to disclose a cause of action, finding no contractual nexus, delictual duty, or actionable damage pleaded.

• Exception To Pleadings
• No Cause Of Action
• Contractual Nexus
• Fiduciary Duty
• Aquilian Liability
• Exception-to-pleadings