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South Africa decisions
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M and M Quantity Surveyors CC v Orvall Corporate Designs (Pty) Ltd (84202/19) [2021] ZAGPPHC 343 (27 May 2021)
The court dismissed both a default judgment application and a defendant’s Rule 30/30A application, finding the Rule 30 notice out of time and refusing judgment.
Setlaboswane Agricultural Cooperative Limited v Temong Management CC and Another (78461/2017) [2019] ZAGPPHC 41 (22 February 2019)
The High Court dismissed an exception to amended particulars of claim, holding the pleading alleged enough facts to proceed and that disputes belonged at trial.
Moodley v Renasa Insurance Company Limited and Others (9443/2010) [2016] ZAKZDHC 13 (31 March 2016)
The court held that the amendment sought by the applicant does not introduce a new or different debt that might run the risk of prescription, but merely clarifies the existing claim. The amendment does not render the particulars of claim excipiable, as the applicant is only required to plead the relevant facts and the basis for her claim. Any further particulars necessary for trial can be requested, and any prejudice suffered by the respondent can be cured by an appropriate costs order. The court exercised its discretion to grant the amendment, emphasizing that justice requires the real issue…
Source excerpt
Mokone v Tassos Properties CC and Another (2012/12229) [2013] ZAGPJHC 197 (11 June 2013)
The court set aside particulars of claim for failure to disclose a cause of action on pre-emption and for non-compliance with Rule 18(10) on damages.
Qwemico Distributors (Edms) Bpk v H & N Chemies en Saad (Edms) Beperk and Another (2107/2008) [2008] ZAFSHC 84 (14 August 2008)
The court refused an amendment because the proposed particulars of claim were vague, insufficiently detailed, and failed Rule 18 requirements.
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