South Africa Case Law

AD Trade Belgium SPRL Private Limited v Central Bank of Guinea and Others (57858/2021)

AD Trade Belgium SPRL Private Limited v Central Bank of Guinea and Others (57858/2021) [2024] ZAGPPHC 300; [2024] 2 All SA 806 (GP) (5 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

57858/2021

Judge

Marx du Plessis

The court held that Rule 21 of the Uniform Rules of Court applies to all parties to proceedings, including defendants who have not filed a plea and who elect to abide by the court's decision. Standard Bank, as a party to the litigation, can be compelled to deliver further particulars if such particulars are strictly necessary for trial preparation. The court found that the information sought by Ad Trade regarding the ownership, control, and transactions of the disputed accounts is central to the issues in the main action and necessary to prevent surprise at trial. Standard Bank's obligations…

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• Request For Further Particulars
• Discovery Affidavit
• Financial Intelligence Centre Act
• Money Laundering Controls
• Confidentiality Of Bank Records
• Trial Preparation

Dovetail Prpoerties (Pty) Limited v Sibanye Stillwater Limited (00127/2021)

Dovetail Prpoerties (Pty) Limited v Sibanye Stillwater Limited (00127/2021) [2024] ZAGPJHC 110 (12 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

00127/2021

Judge

Wepener

The High Court held that a Commercial Court request for further particulars was barred by the Practice Directive and dismissed the application with costs.

• Commercial Court Practice Directive
• Request For Further Particulars
• Rule 21 Prohibition
• Commercial-court-practice-directive
• Request-for-further-particulars
• Rule-21

Jim v MEC for Gauteng Department of Health (2021/16030)

Jim v MEC for Gauteng Department of Health (2021/16030) [2023] ZAGPJHC 212 (8 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/16030

Judge

Moorcroft

The court held that while a party is generally not entitled to further particulars in response to a bare denial, this principle does not apply where the denial necessarily involves an implied and affirmative allegation. In this case, the defendant's denials implied that the plaintiff received proper medical treatment, a fact peculiarly within the defendant's knowledge. The absence of a pleaded version and reliance on bare denials would prejudice both parties at trial, as the issues would not be properly demarcated. The court found that the plaintiff was entitled to the requested particulars t…

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• Request For Further Particulars
• Bare Denial
• Pleading Requirements
• Medical Negligence

Bruwer v Free State Curtain Parlour CC (A39/2022)

Bruwer v Free State Curtain Parlour CC (A39/2022) [2023] ZAFSHC 38 (17 February 2023)

Court

Free State High Court, Bloemfontein

Case number

A39/2022

Judges

C Reinders, N Khooe

The High Court dismissed an appeal against an order striking out a plea and refusing amendment after the appellant failed to comply with a prior order for further particulars.

• Amendment Of Pleadings
• Request For Further Particulars
• Striking Out Of Plea
• Contractual Dispute
• Workmanship
• Interest And Costs

Ntiyiso Consulting CC v Mafube Local Municipality (5612/2019)

Ntiyiso Consulting CC v Mafube Local Municipality (5612/2019) [2022] ZAFSHC 180 (22 July 2022)

Court

Free State High Court, Bloemfontein

Case number

5612/2019

Judge

Africa

The court found that the pleadings, including the respondent's defence and counterclaim, provided sufficient clarity for the applicant to determine the case it must meet. The applicant is not entitled to further particulars as the information sought is not necessary for trial preparation and would not prevent surprise or prejudice. The application for further particulars was therefore dismissed, and the applicant was ordered to pay costs.

Source excerpt

• Request For Further Particulars
• Municipal Service Level Agreement
• Breach Of Contract
• Striking Out Of Defence
• Municipal Finance Management Act

Barnard Patel Attorneys and Another v Chester (16255/2018)

Barnard Patel Attorneys and Another v Chester (16255/2018) [2022] ZAGPPHC 163 (3 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

16255/2018

Judge

Mbongwe

High Court application to compel further particulars dismissed; the court held the requested details were unnecessary or privileged, and costs followed the result.

• Request For Further Particulars
• Privilege
• Negligence
• Prescription
• Mandate Of Attorney
• Civil-procedure

Bravo Group Manufacturing (Pty) Ltd v City of Johannesburg (40205/14)

Bravo Group Manufacturing (Pty) Ltd v City of Johannesburg (40205/14) [2022] ZAGPPHC 58 (15 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

40205/14

Judge

E van der Schyff

The High Court ordered the City of Johannesburg to answer further particulars within 10 days and pay attorney-client costs after rejecting its claim that the matter was finalised.

• Statement And Debatement
• Request For Further Particulars
• Default Judgment
• Trial Preparation
• Civil-procedure
• Statement-and-debatement

EH Hassim Hardware (Pty) Ltd and Another v Segabokeng Building Constriction CC and Others (69167/2017)

EH Hassim Hardware (Pty) Ltd and Another v Segabokeng Building Constriction CC and Others (69167/2017) [2021] ZAGPPHC 629 (27 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

69167/2017

Judge

Khumalo MP

The High Court dismissed an application to strike out a defence for failure to deliver further particulars, finding the requests were not strictly necessary for trial.

• Request For Further Particulars
• Settlement Agreement
• Striking Out Of Defence
• Pleadings
• Discovery Affidavit
• Civil-procedure

Hassim v Lishiva (35381/2020)

Hassim v Lishiva (35381/2020) [2021] ZAGPJHC 120 (14 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

35381/2020

Judge

Majavu

The High Court dismissed a defendant’s exception, finding the particulars of claim were sufficiently clear and any further detail belonged in a request for particulars.

• Exception Procedure
• Vague And Embarrassing Pleading
• Cause Of Action
• Request For Further Particulars
• Civil-procedure
• Exception

Mkolo and Others v Jacobs and Another (1831/2015)

Mkolo and Others v Jacobs and Another (1831/2015) [2017] ZAECGHC 46 (11 April 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

1831/2015

Judges

N G Beshe, JM Roberson

The court found that the particulars requested by the applicants regarding the allegations of common purpose were not provided by the State, and that the charge sheet lacked sufficient detail to enable the applicants to prepare their defence and plead to the charges. The amended charge sheet was presented on the trial date, depriving the applicants of adequate time to prepare or request further particulars. The first respondent was not aware of the prior request for further particulars and the deficiencies in the State's response. The failure to provide sufficient particulars and adequate pre…

Source excerpt

• Sufficiency Of Particulars
• Common Purpose Liability
• Right To Fair Trial
• Criminal Charge Sheet
• Request For Further Particulars