Jonker v Land and Agricultural Development Bank of South Africa (2683/2020)
Jonker v Land and Agricultural Development Bank of South Africa (2683/2020) [2024] ZAFSHC 196 (19 June 2024)
The court found that the applicants' rule 35(3) notices and applications were irregular and not in accordance with the Uniform Rules of Court. The relief sought was not aligned with the provisions of rule 35(7), and the applicants embarked on a fishing expedition rather than a legitimate request for further discovery. The Landbank had already discovered all relevant documents and addressed the applicants' requests in its answering affidavits. The court distinguished the present facts from the Trakman judgment, noting that the validity of the underlying agreements and the sufficiency of discov…
Source excerpt
- Discovery Procedure
- Rule 35 Application
- Costs Award
- Fishing Expedition
- Pleadings Irregularity