South Africa Case Law

Chard v Old Mutual Insurance Limited (A66/2017)

Chard v Old Mutual Insurance Limited (A66/2017) [2025] ZAKZDHC 5 (17 January 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

A66/2017

Judge

Mathenjwa

The court found that the defendant's proposed amendment lacked sufficient particularity as required by Uniform Rule 18(4), failing to specify the material facts regarding the alleged refusal by the plaintiff to fund oil replacement. The amendment contradicted the defendant's existing pleadings and did not raise a triable issue. Granting the amendment would prejudice the plaintiff, who would be embarrassed and unable to respond adequately. The application was not mala fide, but the absence of necessary averments and the contradiction with prior pleadings rendered the amendment excipiable and i…

Source excerpt

• Amendment Of Pleadings
• Warranties In Insurance
• Prejudice In Pleadings
• Rule 18 Particularity

Sanbonani Holiday Spa Share Block Ltd and Others v Off Beat Holiday Club and Others (32171/21)

Sanbonani Holiday Spa Share Block Ltd and Others v Off Beat Holiday Club and Others (32171/21) [2023] ZAGPPHC 627 (25 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

32171/21

Judge

L Badenhorst

The High Court dismissed an application to strike out allegations of illegality from particulars of claim, finding them relevant to an oppression remedy claim.

• Shareholder Oppression Remedy
• Strike Out Application
• Share Blocks Control Act
• Pleadings Relevance
• Prejudice In Pleadings
• Strike-out-application