Ewels v Francis and Others (6497/2022)
Ewels v Francis and Others (6497/2022) [2024] ZAWCHC 384 (21 November 2024)
The court found that the First Defendant failed to establish a reasonable basis for the existence of the documents sought in the Rule 35(3) notice. The requests were overbroad, vague, and lacked the required specificity and relevance to the pleaded issues. The Plaintiff had already discovered all documents in his possession relevant to the dispute, and his affidavit to that effect was accepted as conclusive. The court held that the discovery process is not intended to enable fishing expeditions or to compel parties to undertake the impossible. Requests for documents relating to the Plaintiff'…
Source excerpt
- Discovery
- Uniform Rule 35
- Fishing Expedition
- Overbroad Discovery
- Restraint Of Trade
- National Credit Act