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South Africa Case Law

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Civil Procedure [2024] ZANCHC 117

Disipi v Member of the Executive Council for Health : Northern Cape Province (183/2023 ; 182/2023)

Disipi v Member of the Executive Council for Health : Northern Cape Province (183/2023 ; 182/2023) [2024] ZANCHC 117 (13 December 2024)

The High Court set aside two particulars of claim for failing to comply with Rule 18(4) and (10), and ordered amendment within 20 days.

  • Uniform Rules Of Court
  • Pleading Particularity
  • Damages Quantification
  • Irregular Step
  • Rule 18 Compliance
  • Civil-procedure
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Civil Procedure [2024] ZAWCHC 393

Sunwest International (Proprietary) Limited v Padayachee and Others (963/2024)

Sunwest International (Proprietary) Limited v Padayachee and Others (963/2024) [2024] ZAWCHC 393 (26 November 2024)

High Court exception upheld against a counterclaim based on a tacit agreement, because the pleaded agreement lacked key particulars and was too vague to answer.

  • Exception Procedure
  • Tacit Contract
  • Pleading Particularity
  • Casino Regulation
  • Exception-procedure
  • Vague-and-embarrassing-pleadings
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Civil Procedure [2024] ZAKZPHC 76

Starstruck Trading CC t/a Dynamic Construction and Developments v Kohne and Another (4715/2020P)

Starstruck Trading CC t/a Dynamic Construction and Developments v Kohne and Another (4715/2020P) [2024] ZAKZPHC 76 (29 August 2024)

The High Court dismissed an exception to particulars of claim in a building-contract dispute, finding the pleading sufficiently clear to allow a plea.

  • Vague And Embarrassing Pleading
  • Contractual Certainty
  • Exception Procedure
  • Oral Vs Written Contract
  • Pleading Particularity
  • Vague-and-embarrassing-pleading
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Civil Procedure [2022] ZAGPPHC 933

Van Zyl's Incorporated v Brand N.O. and Others (11460/22)

Van Zyl's Incorporated v Brand N.O. and Others (11460/22) [2022] ZAGPPHC 933 (30 November 2022)

High Court exception upheld because the particulars of claim were vague and embarrassing and failed to plead a coherent cause of action.

  • Vague And Embarrassing Pleading
  • Exception Procedure
  • Rule 18 Requirements
  • Cause Of Action
  • Pleading Particularity
  • Civil-procedure
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Civil Procedure [2022] ZAKZPHC 36

Tongaat Hulett Sugar South Africa Limited v Mayola and Other (7694/2020P)

Tongaat Hulett Sugar South Africa Limited v Mayola and Other (7694/2020P) [2022] ZAKZPHC 36 (18 August 2022)

The High Court dismissed exceptions to amended particulars of claim after finding that attached invoices and payment documents cured vagueness and pleading defects.

  • Exception Procedure
  • Vague And Embarrassing Pleading
  • Fraud
  • Pleading Particularity
  • Exception-procedure
  • Vague-and-embarrassing-pleading
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Civil Procedure [2022] ZAGPJHC 36

Viljoen v Iraklion Trading CC (2020/36177)

Viljoen v Iraklion Trading CC (2020/36177) [2022] ZAGPJHC 36 (20 January 2022)

The High Court dismissed a Rule 30 application to set aside a plea and counterclaim as irregular, finding no substantial prejudice and adequate compliance with the rules.

  • Irregular Step
  • Pleading Particularity
  • Rule 30 Application
  • Counterclaim Damages
  • Prejudice Requirement
  • Civil-procedure
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Civil Procedure [2021] ZAGPJHC 833

Peri Formwork Scaffolding Engineering (Pty) Ltd v Epsilon Developments (Pty) Ltd (2127/2019)

Peri Formwork Scaffolding Engineering (Pty) Ltd v Epsilon Developments (Pty) Ltd (2127/2019) [2021] ZAGPJHC 833 (14 December 2021)

The court upheld an exception to part of a counterclaim for repayment of allegedly mistaken rental payments, but dismissed the exception to a second part.

  • Condictio Indebiti
  • Pleading Particularity
  • Running Account
  • Credit Facility Agreement
  • Condictio-indebiti
  • Pleading-particularity
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Civil Procedure [2021] ZAWCHC 153

City of Cape Town v ICT Works (Pty) Ltd (8049/19)

City of Cape Town v ICT Works (Pty) Ltd (8049/19) [2021] ZAWCHC 153 (11 August 2021)

High Court dismissed a Rule 30 application challenging a composite Rule 23 and Rule 30 notice and later exception in a MyCiti bus fare system dispute.

  • Rule 23 Exception
  • Rule 30 Irregular Step
  • Vague And Embarrassing
  • Pleading Particularity
  • Civil-procedure
  • Rule-23-exception
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Civil Procedure [2021] ZAGPJHC 873

Numill Marketing (Proprietary) Limited v Courtney Roofing (Proprietary) Limited (37440/2019)

Numill Marketing (Proprietary) Limited v Courtney Roofing (Proprietary) Limited (37440/2019) [2021] ZAGPJHC 873 (28 April 2021)

The court dismissed exceptions to amended particulars of claim, holding that the annexed written agreement was binding and pleaded with sufficient particularity.

  • Exception To Particulars Of Claim
  • Contractual Formalities
  • Sale Of Goods
  • Pleading Particularity
  • Exception-to-particulars-of-claim
  • Contractual-formalities
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Civil Procedure [2021] ZAGPJHC 520

Remicor Consulting (Pty) Ltd v Triviron Project Management (Pty) Ltd (6490/2017)

Remicor Consulting (Pty) Ltd v Triviron Project Management (Pty) Ltd (6490/2017) [2021] ZAGPJHC 520 (7 April 2021)

The High Court upheld exceptions to a plea for vagueness, holding the defendant had to plead more detail about joint venture payments and project allocations.

  • Vagueness And Embarrassment
  • Pleading Particularity
  • Joint Venture Agreement
  • Exception Procedure
  • Vagueness-and-embarrassment
  • Pleading-particularity
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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.