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South Africa Case Law

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Civil Procedure [2010] ZAGPPHC 196

Bindco (Pty) Limited and Others v Technologies Acceptances (Pty) Ltd (40187/2009)

Bindco (Pty) Limited and Others v Technologies Acceptances (Pty) Ltd (40187/2009) [2010] ZAGPPHC 196 (19 October 2010)

The High Court found that the summons and particulars of claim amounted to a combined summons, and set aside the plaintiff’s notice of bar as irregular.

  • Combined Summons
  • Rule 17
  • Rule 18
  • Irregular Step
  • Notice Of Bar
  • Rule 30 Application
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Civil Procedure [2008] ZAKZHC 105

CTP Limited t/a Plasticwrap v Osmans Spice Works CC (15232/2007)

CTP Limited t/a Plasticwrap v Osmans Spice Works CC (15232/2007) [2008] ZAKZHC 105 (20 June 2008)

The court held that a simple summons for a debt or liquidated demand need not comply with Rule 18, but must set out the claim with sufficient clarity. The defendant's affidavit failed to address material allegations regarding invoices and payment and was vague regarding the waybill. The submissions were not sufficiently detailed to constitute a bona fide defence. The defendant's resistance based on non-compliance with Rule 18 failed, and the affidavit did not meet the requirements of Rule 32(3)(b). Accordingly, summary judgment was granted in favour of the plaintiff.

  • Summary Judgment
  • Simple Summons
  • Rule 17
  • Rule 18
  • Rule 32
  • Bona Fide Defence
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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.