South Africa Case Law

Imbani Holdings (Pty) Ltd v Homsek (Pty) Ltd and Others (5544/2018)

Imbani Holdings (Pty) Ltd v Homsek (Pty) Ltd and Others (5544/2018) [2025] ZAFSHC 205 (4 July 2025)

Court

Free State High Court, Bloemfontein

Case number

5544/2018

Judge

Van Rhyn

The court found that the applicant's proposed amendment sought to introduce two distinct and mutually exclusive causes of action—one based on unjustified enrichment and the other on a repayment agreement—without pleading them in the alternative. South African law requires that such inconsistent claims be pleaded in the alternative to avoid excipiability. The amendment, as formulated, would render the particulars of claim excipiable and cause prejudice to the respondents. The court exercised its discretion to refuse the amendment, holding that the claims cannot co-exist as a single cause of ac…

Source excerpt

• Pleadings Amendment
• Unjustified Enrichment
• Condictio Indebiti
• Contractual Claims
• Alternativity Of Remedies

Sithole v Road Accident Fund (21176/2016)

Sithole v Road Accident Fund (21176/2016) [2025] ZAGPPHC 437 (16 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

21176/2016

Judge

Suder

Default judgment against the Road Accident Fund was refused after procedural defects and contradictory evidence left merits unresolved; quantum was postponed.

• Road Accident Fund Act
• Default Judgment
• Pleadings Amendment
• Striking Out Of Defence
• Single Witness Evidence
• Road-accident-fund

Ntoko v Road Accident Fund (2024/073741)

Ntoko v Road Accident Fund (2024/073741) [2024] ZAGPJHC 1042 (16 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/073741

Judge

Raubenheimer

The court held that a notice of intention to amend does not automatically lift a notice of bar; a substantive Rule 27 application is required.

• Notice Of Bar
• Default Judgment
• Pleadings Amendment
• Rule 26 Uniform Rules
• Lifting Of Bar
• Notice-of-bar

Aneliswe v Member of the Execution Council for Health Eastern Cape (4307/2018)

Aneliswe v Member of the Execution Council for Health Eastern Cape (4307/2018) [2024] ZAECMHC 25 (5 March 2024)

Court

Eastern Cape High Court, Mthatha

Case number

4307/2018

Judge

Zilwa

The court found that the proposed amendment to the particulars of claim failed to comply with the requirements of Rule 18(4) and 18(10) of the Uniform Rules. The amendment lacked sufficient particularity regarding the quantum of damages and the factual basis for the claim, making it excipiable and prejudicial to the respondent. The absence of an explanation for the lack of detail and the failure to incorporate expert reports into the pleadings further justified refusal. The court held that granting the amendment would result in pleadings that are unclear and would likely lead to further litig…

Source excerpt

• Pleadings Amendment
• Uniform Rules Rule 18
• Damages Quantification
• Personal Injury Claims

Westrand Consulting (Pty) Ltd v Mantsopa Local Municipality (4728/2022)

Westrand Consulting (Pty) Ltd v Mantsopa Local Municipality (4728/2022) [2023] ZAFSHC 398 (19 October 2023)

Court

Free State High Court, Bloemfontein

Case number

4728/2022

Judge

P R Cronjé

The court dismissed an exception to particulars of claim after finding the plaintiff’s amendments cured the alleged defects about the SLA and pricing averments.

• Exception Procedure
• Pleadings Amendment
• Service Level Agreement
• Contractual Certainty
• Exception-procedure
• Pleadings-amendment

Ijeoma and Another v University of Fort Hare (2174.2021)

Ijeoma and Another v University of Fort Hare (2174.2021) [2023] ZAECMKHC 88 (17 August 2023)

Court

Eastern Cape High Court, Makhanda

Case number

2174/2021

Judge

Govindjee

The High Court allowed most amendments to a plea, including prescription and related defences, but rejected the disgorgement-of-profits objection. Costs were awarded against the defendants.

• Pleadings Amendment
• Prescription Act
• Fiduciary Duties
• Contractual Damages
• Unjust Enrichment
• Conflict Of Interest

Thompson Kusela CC t/a Thompson Security Group v Dewald Buys t/a Masima Block Watch (2017/39176)

Thompson Kusela CC t/a Thompson Security Group v Dewald Buys t/a Masima Block Watch (2017/39176) [2023] ZAGPJHC 692 (13 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2017/39176

Judge

R. Shepstone

The High Court dismissed an application to amend a plea, finding the alleged admission was ambiguous and the issue had been clarified by further particulars.

• Pleadings Amendment
• Withdrawal Of Admission
• Rule 28 Application
• Civil-procedure
• Pleadings-amendment
• Withdrawal-of-admission

Media 24 (Pty) Ltd v Nhleko and Another (109/22)

Media 24 (Pty) Ltd v Nhleko and Another (109/22) [2023] ZASCA 77 (29 May 2023)

Court

Supreme Court of Appeal

Case number

109/22

Judges

Nicholls, Gorven, Hughes, Goosen, Unterhalter

The Supreme Court of Appeal upheld an amendment to a plea in a defamation case, finding the high court applied the wrong principles and demanded justification of the article rather than the pleaded defamation.

• Pleadings Amendment
• Bare Denial
• Defamation Defence
• Costs Punitive
• Reasonable Publication
• Defamation

Nedbank v Makume (2019/19258)

Nedbank v Makume (2019/19258) [2022] ZAGPJHC 246 (22 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/19258

Judge

VM Movshovich

The High Court struck a default judgment application for damages from the roll because the plaintiff had not properly amended or supplemented its pleadings under the Uniform Rules of Court.

• Instalment Sale Agreement
• Default Judgment
• Damages Quantification
• Pleadings Amendment
• Default-judgment
• Pleadings-amendment

Khumalo v Road Accident Fund (2016/30550)

Khumalo v Road Accident Fund (2016/30550) [2021] ZAGPJHC 367 (3 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2016/30550

Judge

S J Cowen

The High Court held that the RAF’s special plea of prescription failed because the driver’s identity was established, so the claim fell under section 17(1)(a).

• Road Accident Fund Act
• Prescription
• Pleadings Amendment
• Liability
• Quantum Of Damages
• Road-accident-fund