South Africa Case Law

Motloung and Another v The Sheriff, Pretoria East and Others (1394/2018)

Motloung and Another v The Sheriff, Pretoria East and Others (1394/2018) [2020] ZASCA 25; 2020 (5) SA 123 (SCA) (26 March 2020)

Court

Supreme Court of Appeal

Case number

1394/2018

Judges

Saldulker, Swain, Molemela, Gorven, Eksteen

The Supreme Court of Appeal held that the absence of the registrar's signature on a summons, while a breach of a peremptory provision in rule 17(3)(c) of the Uniform Rules of Court, does not render the summons a nullity. The rule distinguishes between issuing and signing a summons; only the failure to issue is a nullity, whereas failure to sign is a condonable irregularity. The court found that the summons in question had been issued, stamped, and allocated a case number by the registrar, and thus constituted valid court process. The breach was susceptible to condonation under Uniform Rule 27…

Source excerpt

• Uniform Rules Of Court
• Condonation Of Irregularities
• Nullity Vs Irregularity
• Summons Signature Requirement

Pinro Building & Steel Merchants (edms) bpk v Yawa (459/1998)

Pinro Building & Steel Merchants (edms) bpk v Yawa (459/1998) [2002] ZAWCHC 68; [2003] 1 All SA 318 (C) (29 November 2002)

Court

Western Cape High Court, Cape Town

Case number

459/1998

Judge

HJ Erasmus

Court struck out an irregular first plea, dismissed the plaintiff’s application against the second plea, and ordered the plaintiff to pay costs.

• Irregular Proceedings
• Striking Out
• Pleadings
• Condonation
• Nullity Vs Irregularity
• Civil-procedure