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South Africa decisions
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Flexicor Cables (Py) (Ltd) v Howard Woolf (2023/113646) [2025] ZAGPJHC 737 (28 July 2025)
The High Court dismissed Flexicor’s claim against an attorney over trust-account funds, holding that the founding papers failed to plead delict properly.
Body Corporate of La Mon Villa and Another v Niyakha Group (Pty) Ltd (Appeal) (A27/2023) [2025] ZAGPPHC 757 (23 July 2025)
The court found that the first appellant, as body corporate, is statutorily empowered under section 2(7)(b) of the STSMA to institute action against the developer for damages to the common property arising from defective construction. The particulars of claim set out the essential elements of a delictual claim, including the existence of a legal duty, breach, causation, and damages. The respondent's arguments regarding the sufficiency of the pleadings and the alleged misjoinder of the second appellant were rejected. The second appellant was found to have no cause of action and was joined only…
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Sabi River Share Block (Pty) Ltd t/a Sabi River Sun Resort v Gold Data Holdings (Pty) Ltd (22755/23) [2025] ZAWCHC 298 (21 July 2025)
The High Court dismissed an exception and Rule 30 application attacking breach of contract pleadings, finding the objections technical, prejudicial, and an abuse of process.
MEC for Health: Gauteng Province and Others v Buhle Waste (Pty) Ltd (338/2024 ; 384/2024) [2025] ZASCA 102 (15 July 2025)
The Supreme Court of Appeal held that the high court erred by setting aside administrative action through a declarator rather than a review under PAJA. The respondent, Buhle Waste, avoided the prescribed review procedure and timeframes, prejudicing the other parties and compromising the public interest in finality of administrative action. The high court granted relief not properly pleaded or canvassed, depriving the appellants of the opportunity to respond with the benefit of the Rule 53 record. The correct procedure for challenging administrative action is a review under PAJA, and declarato…
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Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)
The High Court upheld exceptions to a prolix particulars of claim in a commission dispute, finding the plaintiffs had not clearly pleaded a cause of action or joint liability.
N.S v N.L.S (EL544/2024) [2025] ZAECELLC 12 (1 July 2025)
The court dismissed an application to compel compliance with a divorce settlement and rejected a contempt claim, finding alternative contractual remedies were not exhausted.
Estabiz (Pty) Ltd v Starflash (Pty) Ltd (Appeal) (CIV APP MG32/24) [2025] ZANWHC 108 (26 June 2025)
The High Court upheld an appeal against an exception, holding the pleadings and attached agreement sufficiently disclosed a cause of action.
Barloworld Motor Retail South Africa, a Division of Barloworld South Africa (Pty) Ltd v Badger Holdings South Africa (Pty) Ltd (previously known as African Independent Brokers (Pty) Ltd) and Another (12223/2024) [2025] ZAWCHC 313 (25 June 2025)
The High Court dismissed Barloworld’s exception to Dotsure’s special pleas and plea on the merits, holding the issues were interpretative and not properly decided on exception.
Makompe v Road Accident Fund (82559/2019) [2025] ZAGPPHC 661 (17 June 2025)
The High Court dismissed a Road Accident Fund claim after finding major inconsistencies in the evidence and non-compliance with statutory claim requirements.
ABSA Bank (Pty) Ltd v Xatasi (2024/052931) [2025] ZAGPJHC 567 (13 June 2025)
The High Court upheld an exception because the plaintiff failed to plead a recognisable contractual cause of action against ABSA Bank.
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