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South Africa decisions
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Mafuyeka and Another v Netshitomboni and Others (24398/22) [2024] ZAGPPHC 851 (29 August 2024)
The court granted joinder of Space Securitization (Pty) Ltd and dismissed an application to compel security for costs, finding non-compliance with Rule 47(1).
CBZ Solutions (Pty) Ltd v Eskom Holding SOC Ltd ; In Re Eskom Holding SOC Ltd v Zurich Insurance and Others (2022/5427) [2023] ZAGPJHC 470 (15 May 2023)
The High Court refused to remove CBZ Solutions as a defendant, finding it had a possible direct and substantial interest in the underlying dispute.
Scheepers v Scheepers and Another (270/2008) [2011] ZANWHC 54 (5 May 2011)
The North West High Court held that the first defendant must pay the second defendant’s costs after the plaintiff withdrew the claim against the second defendant.
Headland v Global East Resorts (Pty) Ltd and Others [2007] ZAGPHC 382; 10441/05 (9 May 2007)
The court held that Rule 10(5) does not permit separation of trial actions where joinder has occurred by court order, as opposed to joinder under Rule 10(1) or (2). This interpretation is supported by the judgment in De Polo and Another v Dreyer and others. Consequently, the applicant's application for separation was dismissed. Regarding the counter application for postponement, the court found that the applicant had not yet had a proper opportunity to respond to the counter application, as the replying affidavit did not address it directly. The applicant was therefore granted the opportunity…
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