Spar Group Ltd v Hard As Nails (Pty) Ltd and Others - Rule 30(1) Application (3274/2022; 3752/2022)
Spar Group Ltd v Hard As Nails (Pty) Ltd and Others - Rule 30(1) Application (3274/2022; 3752/2022) [2023] ZAWCHC 199 (10 August 2023)
The court held that a notice in terms of Rule 23(1)(a) is not a pleading and cannot serve as a proper response to a notice of bar under Rule 26. The simultaneous delivery of a plea and a notice of exception is procedurally improper, as an exception is intended to be delivered when a defendant is unable to plead. The respondents' delivery of both documents rendered the exception meaningless and irregular. The court found that the applicant was prejudiced by the irregular step, as it was compelled to respond to a defective process. The respondents' argument that the applicant should have ignore…
Source excerpt
- Rule 30 Irregular Step
- Notice Of Exception
- Pleadings
- Notice Of Bar
- Rule 23 Exception