Absa Bank Limited v Meiring (3508/2021)
Absa Bank Limited v Meiring (3508/2021) [2022] ZAWCHC 31; 2022 (3) SA 449 (WCC) (14 March 2022)
The court held that the Uniform Rules of Court, specifically Rule 22, do not permit the piecemeal delivery of defences. The historical 'Cape practice' of allowing a defendant to deliver only a special plea without pleading over on the merits is no longer permissible, especially in light of the amended summary judgment procedure under Rule 32. The efficient administration of justice requires that all defences be pleaded together, and a defendant who fails to do so must apply for leave to amend and provide a convincing explanation for the omission. The court signaled that, going forward, failur…
Source excerpt
- Summary Judgment
- Pleading Over
- Uniform Rules Of Court
- Special Plea
- Amendment Of Plea