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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 888

SB Guarantee Co (RF) (Pty) Ltd v Malope (3607/2020)

SB Guarantee Co (RF) (Pty) Ltd v Malope (3607/2020) [2023] ZAGPJHC 888 (8 August 2023)

The High Court dismissed a Rule 35(14) application to compel further discovery, finding the requested proof of payments was not relevant for pleading.

  • Discovery Procedure
  • Rule 35 14
  • Pleading Requirements
  • Indemnity Agreement
  • Civil-procedure
  • Discovery
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Civil Procedure [2023] ZAGPJHC 164

Nathaniel Holdings (Pty) Limited v Xtreme Intelligence Systems (Pty) Limited (9255/2020)

Nathaniel Holdings (Pty) Limited v Xtreme Intelligence Systems (Pty) Limited (9255/2020) [2023] ZAGPJHC 164 (3 March 2023)

The High Court uplifted a bar after finding the defendant gave a satisfactory explanation for its default and showed a bona fide defence.

  • Uniform Rule 27
  • Removal Of Bar
  • Condonation
  • Pleading
  • Default Judgment
  • Uniform-rule-27
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Civil Procedure [2021] ZALMPPHC 16

Mulaudzi v Platinum Health Medical Scheme (6860/2018)

Mulaudzi v Platinum Health Medical Scheme (6860/2018) [2021] ZALMPPHC 16 (4 May 2021)

The High Court dismissed a Rule 35(14) application to compel pre-plea document disclosure, finding the applicant could plead using information already provided.

  • Discovery Procedure
  • Rule 35 14
  • Pleading Requirements
  • Forensic Investigation
  • Fraudulent Claims
  • Civil-procedure
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Civil Procedure [2018] ZAGPPHC 711

Smith and Others v Du Plessis (99075/2015)

Smith and Others v Du Plessis (99075/2015) [2018] ZAGPPHC 711 (9 February 2018)

The High Court granted condonation, uplifted a notice of bar, and ordered the respondent to answer an exception within 10 days in a civil procedure dispute.

  • Condonation For Late Pleading
  • Notice Of Bar
  • Exception To Pleading
  • Vague And Embarrassing Pleading
  • Civil-procedure
  • Condonation
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Labour Law [2017] ZALCJHB 183

South African Municipal Workers' Union and Others v Pikitup Johannesburg (SOC) Ltd (JS744/16)

South African Municipal Workers' Union and Others v Pikitup Johannesburg (SOC) Ltd (JS744/16) [2017] ZALCJHB 183 (7 February 2017)

The Labour Court held that an equal-pay discrimination claim was inadequately pleaded, but allowed the applicants 14 days to seek leave to amend.

  • Equal Pay For Equal Work
  • Unfair Discrimination
  • Employment Equity Act
  • Pleading Requirements
  • Amendment Of Pleadings
  • Equal-pay
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Civil Procedure [2015] ZANWHC 73

M.M.M v MEC for Health, North West Province (1102/14)

M.M.M v MEC for Health, North West Province (1102/14) [2015] ZANWHC 73 (29 October 2015)

The High Court dismissed the defendant’s exceptions to particulars of claim in a medical-negligence damages action involving a minor child, with costs on an attorney-and-client basis.

  • Exception To Particulars
  • Medical Negligence
  • Vague And Embarrassing Pleading
  • Costs Order
  • Civil-procedure
  • Medical-negligence
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Civil Procedure [2009] ZAGPPHC 117

De Beer v SA Taxi Securitisation (Pty) Ltd In re: SA Taxi Securitisation (Pty) Ltd v De Beer (31769/2008)

De Beer v SA Taxi Securitisation (Pty) Ltd In re: SA Taxi Securitisation (Pty) Ltd v De Beer (31769/2008) [2009] ZAGPPHC 117 (22 September 2009)

The court set aside a notice of bar and held that requested documents could be inspected under Rule 35(14) because they were relevant to pleading.

  • Discovery And Inspection
  • Notice Of Bar
  • Defamation
  • National Credit Act Compliance
  • Rule-35-14
  • Notice-of-bar
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Civil Procedure [2004] ZASCA 134

Times Media Ltd. and Others v Niselow and Another (195/03)

Times Media Ltd. and Others v Niselow and Another (195/03) [2004] ZASCA 134; [2005] 1 All SA 567 (SCA) (1 December 2004)

Defamation appeal about a newspaper report on food poisoning at the All Africa Games. The court held plaintiffs were bound by pleaded meanings, and the appeal succeeded.

  • Defamation
  • Justification
  • Reasonable Publication
  • Quasi Innuendo
  • Public Interest
  • Quasi-innuendo
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Civil Procedure [2003] ZANWHC 36

Standard Bank of South Africa Limited v Auto Executive (Pty) Ltd and Others (458/02)

Standard Bank of South Africa Limited v Auto Executive (Pty) Ltd and Others (458/02) [2003] ZANWHC 36 (17 July 2003)

The court dismissed a Rule 35(14) application to compel discovery, finding the requested documents were too vague and not necessary for pleading.

  • Discovery Procedure
  • Rule 35 14
  • Default Judgment
  • Pleading Requirements
  • Civil-procedure
  • Discovery
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.