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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 372

Minister of Police v Chauke (28807/2020)

Minister of Police v Chauke (28807/2020) [2025] ZAGPPHC 372 (14 April 2025)

The High Court dismissed the Minister of Police’s rescission application after finding no basis under Rule 42 or the common law.

  • Rescission Of Judgment
  • Failure To Discover
  • Unlawful Arrest And Detention
  • Default Judgment
  • Removal Of Bar
  • Rescission-of-judgment
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Civil Procedure [2025] ZAGPJHC 329

Minister of the Department of Rural Development and Land Reform v Marolien CC and Others

Minister of the Department of Rural Development and Land Reform v Marolien CC and Others [2025] ZAGPJHC 329 (27 March 2025)

The High Court uplifted a bar and condoned a plea filed one day late, finding a bona fide defence and that justice favoured allowing the matter to proceed.

  • Removal Of Bar
  • Condonation For Late Plea
  • Rule 27
  • Movable Property Dispute
  • Agreement Of Sale
  • Removal-of-bar
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Civil Procedure [2025] ZAGPJHC 275

E.S v J.H.C.S (2022/17221)

E.S v J.H.C.S (2022/17221) [2025] ZAGPJHC 275 (13 March 2025)

High Court application to uplift a notice of bar and amend divorce-settlement pleadings dismissed; absolution from the instance granted and costs awarded to the respondent.

  • Removal Of Bar
  • Leave To Amend
  • Variation Of Court Order
  • Divorce Settlement
  • Absolution From Instance
  • Removal-of-bar
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Civil Procedure [2025] ZAGPJHC 166

Elegant Line Trading 898 CC and Another v Courtney Roofing (Pty) Ltd (34899/2018)

Elegant Line Trading 898 CC and Another v Courtney Roofing (Pty) Ltd (34899/2018) [2025] ZAGPJHC 166 (21 February 2025)

The High Court refused to uplift a bar or grant condonation, finding the defendants’ application non-compliant, poorly explained, and lacking prospects of success.

  • Removal Of Bar
  • Condonation
  • Uniform Rules Of Court
  • Default Judgment
  • Pleading Delay
  • Removal-of-bar
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Civil Procedure [2024] ZAGPJHC 1125

Arte Lifestyle Group (Pty) Ltd v Mkhize N.O (2022/026280)

Arte Lifestyle Group (Pty) Ltd v Mkhize N.O (2022/026280) [2024] ZAGPJHC 1125 (4 November 2024)

The court found that the applicant provided a reasonable and acceptable explanation for the late filing of its plea, as the delay was due to the attorney missing the notice of bar amidst ongoing interlocutory proceedings. The applicant acted promptly upon discovering the default and demonstrated bona fides. The court held that failure to explain the period prior to the notice of bar is not, on its own, sufficient to dismiss the application, especially where the applicant has set out a bona fide defence with prospects of success. The applicant's defences, if established at trial, could entitle…

  • Condonation
  • Removal Of Bar
  • Late Plea Filing
  • Uniform Rules Of Court Rule 27
  • Bona Fide Defence
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Civil Procedure [2024] ZAFSHC 209

Greyling v Kraalpunt Boerdery CC and Another (3818/2023)

Greyling v Kraalpunt Boerdery CC and Another (3818/2023) [2024] ZAFSHC 209 (11 July 2024)

The High Court lifted a bar against a defendant who filed a late plea, accepting the delay was due to legal representatives’ disorganization and awarding costs against the applicant.

  • Removal Of Bar
  • Condonation For Late Plea
  • Uniform Rules Of Court
  • Good Cause Requirement
  • Removal-of-bar
  • Condonation
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Civil Procedure [2024] ZAGPJHC 99

Gauteng Department of Infrastucture Development and Another v Themba Consultants (Pty) Ltd (49557/2021)

Gauteng Department of Infrastucture Development and Another v Themba Consultants (Pty) Ltd (49557/2021) [2024] ZAGPJHC 99 (7 February 2024)

The court found that the first applicant provided a reasonable explanation for the delay in filing its plea, citing procedural difficulties in briefing counsel and the workload at the State Attorney's office. The lateness was not reckless or intentional. The interests of justice, including the applicant's prospects of success and the importance of the issues, weighed in favour of granting condonation. The court noted that service of documents was agreed to be electronic, but proof of such service was not attached. The respondent's claim for prejudice was acknowledged, but the court determined…

  • Condonation Of Late Filing
  • Removal Of Bar
  • Unjust Enrichment
  • Prescription Act
  • Institution Of Legal Proceedings Against State
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Civil Procedure [2024] ZAECQBHC 5

Avbob Funeral Services v Buzani (2810/2020)

Avbob Funeral Services v Buzani (2810/2020) [2024] ZAECQBHC 5 (30 January 2024)

Application to uplift notices of bar dismissed for unexplained delay, no bona fide defence, and mala fide conduct aimed at delaying the respondent's claim.

  • Removal Of Bar
  • Condonation
  • Rule 27
  • Delay In Pleading
  • Removal-of-bar
  • Rule-27
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Civil Procedure [2023] ZAGPPHC 1824

Pedlar v Santam Limited (010346/22)

Pedlar v Santam Limited (010346/22) [2023] ZAGPPHC 1824 (17 October 2023)

The High Court uplifted a bar against a self-represented defendant, finding that the interests of justice required allowing him to file a plea.

  • Removal Of Bar
  • Condonation
  • Access To Courts
  • Lay Litigant Procedure
  • Removal-of-bar
  • Access-to-courts
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Civil Procedure [2023] ZANWHC 191

Minister of Police and Another v Lekgari (413/22)

Minister of Police and Another v Lekgari (413/22) [2023] ZANWHC 191 (17 October 2023)

The court condoned a late Rule 27 application and uplifted a procedural bar, allowing the defendants to file pleadings in a civil claim for damages.

  • Condonation
  • Removal Of Bar
  • Rule 27 Application
  • Default Judgment
  • Bona Fide Defence
  • Removal-of-bar
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.