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South Africa decisions
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M.G.K v M.J.K (2024/074608) [2025] ZAGPPHC 535 (23 May 2025)
The High Court dismissed an application to compel discovery under Rule 35(14), holding the requested documents were not shown to be essential for pleading.
Moroka v Keliana Management Company (43345/2018) [2021] ZAGPJHC 608 (3 November 2021)
The High Court dismissed an application to compel discovery under rule 35(14), holding the requested invoices were not shown to be reasonably required for pleading.
Nyamakuti v Murray and Roberts Construction (Pty) Ltd; In re: Murray and Roberts Construction (Pty) Ltd v Nyamakuti and Another (33310/2016) [2018] ZAGPJHC 42 (9 March 2018)
The court dismissed an application to set aside a notice of set down, finding no real prejudice despite an irregular step taken before pleadings were closed.
KB v DB (35189/2011) [2012] ZAGPJHC 213 (27 July 2012)
In a divorce-related application for further particulars about accrual, the court held the request was premature before pleadings closed and postponed it sine die.
Gentleman v Hlazo (438/08) [2010] ZAECGHC 109 (12 May 2010)
The court found that although the trial was set down before pleadings had closed, the irregularity was cured when the respondent subsequently pleaded to the counterclaim before judgment was delivered. Both parties were afforded a full hearing, including the opportunity to address the court after the cases were closed. The absence of the applicant's attorney at the time of judgment did not constitute prejudice, as the matter had already been fully argued and there was no indication of any further submissions that could have been made. The court emphasized that no prejudice was suffered by the…
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