South Africa Case Law

Elkana Body Corporate v City of Johannesburg and Others (2023/115700)

Elkana Body Corporate v City of Johannesburg and Others (2023/115700) [2025] ZAGPJHC 520 (30 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/115700

Judge

Windell

The court held that the exception raised by the Johannesburg Roads Agency was without merit. Rule 13(8) expressly allows a third-party notice against a party already joined in the main action, and the fact that the plaintiff's claim is joint and several does not preclude a defendant from seeking contribution from another defendant. The third-party notice complied with Rule 13(2), as the nature and grounds of the claim were clearly pleaded. The procedural complaint regarding late filing was factually incorrect, as pleadings were still open at the time of service. The exception did not raise an…

Source excerpt

• Third Party Procedure
• Exceptions
• Rule 13 Uniform Rules
• Attorney And Client Costs

Van Den Heever v Netcare Cape (Pty) Ltd and Another (21453/10)

Van Den Heever v Netcare Cape (Pty) Ltd and Another (21453/10) [2013] ZAWCHC 197 (8 November 2013)

Court

Western Cape High Court, Cape Town

Case number

21453/10

Judge

Le Grange

The High Court refused late joinder of a third party, finding the defendant gave no adequate explanation for delay and failed to show a prima facie case.

• Joinder Of Third Party
• Rule 13 Uniform Rules
• Prima Facie Case Requirement
• Condonation For Late Joinder
• Joinder-of-third-party
• Rule-13-3-b

De Beer NO and Others v Old Mutual Life Assurance Company (South Africa) Limited and Another (3794/08)

De Beer NO and Others v Old Mutual Life Assurance Company (South Africa) Limited and Another (3794/08) [2011] ZAWCHC 131 (7 February 2011)

Court

Western Cape High Court, Cape Town

Case number

3794/08

Judge

Baartman

The High Court granted ABSA leave to serve a third party notice after pleadings closed, finding a satisfactory delay explanation and a prima facie case.

• Third Party Proceedings
• Contractual Damages
• Rule 13 Uniform Rules
• Breach Of Contract
• Third-party-proceedings
• Rule-13