South Africa Case Law

Kachidza v Passenger Rail Agency of South Africa (40521/2018)

Kachidza v Passenger Rail Agency of South Africa (40521/2018) [2023] ZAGPJHC 1074 (26 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

40521/2018

Judge

Fisher

The court found the plaintiff's version of events improbable and incoherent, particularly regarding the mechanics of her fall and the nature of her injuries. The evidence did not support the pleaded case that the defendant's negligence caused the injuries. The plaintiff failed to provide credible and reliable evidence, and her account was contradicted by her own witness and the medical records. The defendant's witnesses were found to be more credible, and their version that the plaintiff attempted to board a moving train and fell onto the platform was accepted. The plaintiff assumed the risks…

Source excerpt

• Negligence
• Causation
• Onus Of Proof
• Personal Injury
• Pleadings And Amendments

Mdanjelwa v Socio Economic Rights Institute of South Africa (3017/2018)

Mdanjelwa v Socio Economic Rights Institute of South Africa (3017/2018) [2023] ZAWCHC 192 (3 August 2023)

Court

Western Cape High Court, Cape Town

Case number

3017/2018

Judges

K Hofmeyr, RCA Henney

Appeal upheld against refusal of rescission. The court found no cause of action was pleaded personally against the appellant, so default judgment was set aside.

• Rescission Of Judgment
• Default Judgment
• Contractual Liability
• Pleadings And Amendments
• Rescission-of-judgment
• Default-judgment

Ras v Road Accident Fund (A156/2021)

Ras v Road Accident Fund (A156/2021) [2022] ZAGPPHC 383 (31 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

A156/2021

Judges

A.C. Basson, M Kubushi, H Kooverjie

The High Court dismissed an appeal in a Road Accident Fund claim after finding the plaintiff’s trial evidence materially departed from her pleaded case.

• Road Accident Claim
• Pleadings And Amendments
• Single Witness Credibility
• Burden Of Proof
• Road-accident-fund
• Pleadings

Morolong v Leketi and Another (58767/15)

Morolong v Leketi and Another (58767/15) [2019] ZAGPPHC 240 (28 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

58767/15

Judge

Collis

The High Court held the Road Accident Fund 100% liable after a plaintiff’s claim was separated from quantum and the Fund failed to rebut notice of attorney termination.

• Road Accident Fund Act
• Prescription
• Duty Of Care
• Pleadings And Amendments
• Road-accident-fund
• Claim-form-validity

Jacobs v Beacon Island Shareblock and Another (A258/2018)

Jacobs v Beacon Island Shareblock and Another (A258/2018) [2019] ZAWCHC 3 (6 February 2019)

Court

Western Cape High Court, Cape Town

Case number

A258/2018

Judges

A.G. Binns-Ward, L.J. Bozalek, N.P. Boqwana

The court held that the application brought before the court a quo was unnecessary and misconceived, as the contradiction between the first third party's plea and his reply to trial particulars did not justify the relief sought. The reply to trial particulars does not form part of the pleadings and cannot alter the pleaded case. The order directing amendment of pleadings was legally ineffectual, advisory in nature, and did not prescribe any consequences for non-compliance. It was not final, definitive of rights, nor did it dispose of any substantive issue, and thus was not appealable. The int…

Source excerpt

• Interlocutory Relief
• Pleadings And Amendments
• Share Blocks Control Act
• Case Management
• Appealability Of Orders

Millenium Waste Management (Pty) Limited v Sol Plaatje Municipality (1585/2008)

Millenium Waste Management (Pty) Limited v Sol Plaatje Municipality (1585/2008) [2018] ZANCHC 63 (11 September 2018)

Court

Northern Cape High Court, Kimberley

Case number

1585/2008

Judges

Pakati, Mamosebo, Stanton

Appeal dismissed in a tender dispute because the appellant failed to prove a binding contract on the pleaded terms and could not shift its case on appeal.

• Public Procurement
• Tender Award Dispute
• Contract Formation
• Pleadings And Amendments
• Repudiation
• Costs Order

Firstrand Bank LTD t/a Wesbank v Molamuagae (24558/2016)

Firstrand Bank LTD t/a Wesbank v Molamuagae (24558/2016) [2018] ZAGPPHC 762 (26 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

24558/2016

Judge

M L Senyatsi

The court upheld cancellation of an electronically concluded instalment sale agreement and ordered return of the vehicle after the defendant defaulted on payments.

• Instalment Sale Agreement
• Electronic Signature
• National Credit Act Compliance
• Pleadings And Amendments
• Repossession
• Damages Claim

Levendal v Road Accident Fund (9014/2014)

Levendal v Road Accident Fund (9014/2014) [2016] ZAGPPHC 720 (1 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

9014/2014

Judge

Sikhwari

The court rejected the Road Accident Fund’s contributory negligence defence, dismissed its special pleas, and held it liable for 100% of the plaintiff’s proven damages.

• Contributory Negligence
• Road Accident Fund Act
• Pleadings And Amendments
• Onus Of Proof
• Special Pleas
• Apportionment Of Damages