South Africa Case Law

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022)

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022) [2025] ZALMPPHC 151 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2024

Judges

Bresler AJ, Ngobeni J, Mangena AJ

The court found that the dispute regarding the calculation of the outstanding balance under the loan agreement was genuine and material, as the required monthly reconciliation and sign-off by both parties had not occurred. The respondent's reliance on a certificate of balance was insufficient to establish the claim on a balance of probabilities, given the lack of compliance with the prescribed methodology and the omission of branding costs. The matter was not suitable for determination on affidavit, and the application procedure was inappropriate in the circumstances. The court held that the…

Source excerpt

• Motion Proceedings
• Loan Agreement Dispute
• Quantification Of Claim
• Genuine Dispute Of Fact
• Referral To Trial

Filtaquip (Pty) Ltd v Glencore Operations South Africa (Pty) Ltd (2023/078878)

Filtaquip (Pty) Ltd v Glencore Operations South Africa (Pty) Ltd (2023/078878) [2024] ZAGPJHC 982 (27 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/078878

Judge

S McCafferty

The High Court dismissed a Rule 30 application, exception and specific-performance bid over pleadings and pre-arbitration notice requirements.

• Pleadings
• Rule 18 Particularity
• Specific Performance
• Contractual Damages
• Arbitration Agreement
• Quantification Of Claim

Sibiloane v POPCRU (J1314/22)

Sibiloane v POPCRU (J1314/22) [2024] ZALCJHB 372 (18 September 2024)

Court

Labour Court Johannesburg

Case number

J1314/22

Judge

Martin

The Labour Court postponed an urgent application sine die because the papers were incomplete and the matter was not ripe for hearing.

• Employment Status
• Specific Performance
• Declaratory Relief
• Quantification Of Claim
• Postponement Of Application
• Labour-law

Summit Ridge 84 (Pty) Ltd t.a Henwil Chickens v Nurayn's Foods CC t/a Meat SA and Another (2666/2022)

Summit Ridge 84 (Pty) Ltd t.a Henwil Chickens v Nurayn's Foods CC t/a Meat SA and Another (2666/2022) [2024] ZANWHC 213 (21 August 2024)

Court

North West High Court, Mafikeng

Case number

2666/2022

Judge

FMM Reid

The High Court upheld an exception to particulars of claim that were vague and embarrassing because the debt calculation lacked sufficient detail.

• Exception Vague And Embarrassing
• Pleading Requirements
• Quantification Of Claim
• Exception-vague-and-embarrassing
• Pleading-requirements
• Quantification-of-claim

Kagisano Molopo Local Municipality and Another v SNPRP Security Services CC (182/2023)

Kagisano Molopo Local Municipality and Another v SNPRP Security Services CC (182/2023) [2024] ZANWHC 196 (22 July 2024)

Court

North West High Court, Mafikeng

Case number

182/2023

Judge

FMM Reid

The High Court dismissed an exception to particulars of claim in a municipal security contract dispute, holding the claim was sufficiently pleaded and quantified.

• Exception To Pleadings
• Security Services Contract
• Municipal Finance Management Act
• Quantification Of Claim
• Vague And Embarrassing Pleading
• Exception-to-pleadings

Matjhabeng Local Municipality v Lequbu Specialised Services (Pty) Ltd (3328/2021)

Matjhabeng Local Municipality v Lequbu Specialised Services (Pty) Ltd (3328/2021) [2024] ZAFSHC 201 (4 July 2024)

Court

Free State High Court, Bloemfontein

Case number

3328/2021

Judge

Hefer AJ

The High Court dismissed the Municipality’s leave to appeal against an order making a settlement agreement an order of court, with costs.

• Settlement Agreement
• Leave To Appeal
• Rule 41 Uniform Rules
• Dispute Of Fact
• Quantification Of Claim
• Leave-to-appeal

Zamlinx CC v Tire World Exports (Pty) Ltd (16904/2020)

Zamlinx CC v Tire World Exports (Pty) Ltd (16904/2020) [2023] ZAGPJHC 1131 (23 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16904/2020

Judge

G.Y. Benson

The High Court upheld an exception to a reconventional claim, finding it vague and embarrassing for lack of detail on the goods, agreement, services, and quantum.

• Exception Procedure
• Vague And Embarrassing Pleading
• Credit Agreement
• Suretyship
• Set Off
• Quantification Of Claim

Dipela v Fischer and Another

Dipela v Fischer and Another [2023] ZAGPPHC 73; 20360/21 (6 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

20360/21

Judge

B.E Mnyovu

The court found that material disputes of fact exist between the parties, particularly regarding the nature of the payments, the existence of subsequent agreements, and the quantification of the applicant's claim. The respondent's version, supported by documentary evidence and correspondence, raises genuine disputes that cannot be resolved on affidavit. The applicant should have foreseen these disputes when launching the application. In light of the importance of the matter and the amounts involved, the court determined that dismissing the application would be unfair. Accordingly, the applica…

Source excerpt

• Sale Of Shares
• Motion Proceedings
• Dispute Of Fact
• Repudiation
• Quantification Of Claim

Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022)

Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022) [2022] ZAECBHC 46 (14 December 2022)

Court

Eastern Cape High Court, Bhisho

Case number

104/2022

Judge

Rugunanan

The High Court dismissed an application for payment under a scholar transport agreement because the claim was not properly quantified or supported in the founding papers.

• Motion Proceedings
• Service Level Agreement
• Quantification Of Claim
• Founding Affidavit Requirements
• Motion-proceedings
• Founding-affidavit

Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022)

Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022) [2022] ZAECBHC 45 (14 December 2022)

Court

Eastern Cape High Court, Bhisho

Case number

104/2022

Judge

Rugunanan

The court dismissed a scholar-transport payment claim because the applicant’s founding affidavit did not properly prove or quantify the amounts sought.

• Motion Proceedings
• Founding Affidavit Requirements
• Quantification Of Claim
• Contractual Performance
• Motion-proceedings
• Founding-affidavit