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South Africa decisions
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Body Corporate of the Manhattan v Blake (52472/2023) [2025] ZAGPPHC 583 (3 June 2025)
The High Court upheld exceptions to a respondent’s plea and counterclaim in a sectional title dispute, holding levies cannot be withheld and the counterclaim was res judicata.
South African Municipal Workers Union and Others v City of Johannesburg Metropolitan Municipality (JS987/15) [2016] ZALCJHB 568 (26 October 2016)
The Labour Court upheld an exception to an unfair discrimination claim because the statement of case did not identify the discrimination ground relied upon.
Pholile Business Solutions CC v Sidas Security Guards (Pty) Ltd (2012/09103) [2014] ZAGPJHC 438 (19 May 2014)
The High Court upheld an exception in a partnership dispute, finding the pleadings failed to allege facts needed to rely on the alleged agreement with a third party.
Tshivhase v Nel (38617/2011) [2014] ZAGPPHC 16 (11 February 2014)
The court held that the statement complained of, when read in its natural and ordinary meaning, is not reasonably capable of conveying a defamatory meaning to a reasonable reader of ordinary intelligence. The plaintiff did not plead innuendo, and the context of liquidation proceedings, which are subject to judicial and administrative oversight, precludes any implication of unlawful conduct. The metaphorical use of 'hijack' does not, in this context, imply dishonesty or unprofessional conduct. Accordingly, the exception is upheld, and the plaintiff's particulars of claim must be amended to rem…
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Swanepoel N.O and Another v Standard Bank of South Africa Limited (20366/2013) [2013] ZAGPPHC 411 (5 December 2013)
The court found that the trust, as cited in the agreements, lacked legal personality and could not contract with the plaintiff. Only trustees, acting jointly and as authorized by the trust deed, can bind the trust estate. The plaintiff's particulars of claim were found to be embarrassing and lacking necessary averments, as the agreements were void ab initio and no legal rights or duties flowed from them. The suretyship agreement was invalid due to the absence of a valid principal obligation and the impermissible situation of the third defendant standing as surety for his own debt. The excepti…
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BMW South Africa (Pty) Ltd t/a BMW Motorrad v Fourier Holdings (Pty) Ltd t/a Bryanston Motocycles (97/CR/Sep08) [2011] ZACT 3; [2011] 1 CPLR 181 (CT) (1 February 2011)
The Tribunal dismissed BMW’s dismissal application, granted condonation for Fourier’s self-referral, and ordered further particulars on the pleadings.
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