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South Africa Case Law

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Civil Procedure [2023] ZAFSHC 463

Maluti Plant Crushers CC v All Star Industries CC and Others (1829/2020)

Maluti Plant Crushers CC v All Star Industries CC and Others (1829/2020) [2023] ZAFSHC 463 (28 November 2023)

The High Court refused leave to amend a particulars of claim, finding the proposed wording still vague and embarrassing and therefore excipiable.

  • Pleading Amendment
  • Exception Vagueness Embarrassment
  • Rule 28 Application
  • Rule 18 6 Compliance
  • Pleading-amendment
  • Exception-vagueness-embarrassment
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Civil Procedure [2023] ZAECMKHC 65

Velocity Finance (RF) Limited v Desert Fox Investments (Pty) Ltd t/a Desert Fox Investments (1206/2022; 1511/2022)

Velocity Finance (RF) Limited v Desert Fox Investments (Pty) Ltd t/a Desert Fox Investments (1206/2022; 1511/2022) [2023] ZAECMKHC 65 (23 May 2023)

The High Court refused summary judgment after finding defects in pleading the cession and transfer of rights, leaving a triable issue over locus standi.

  • Summary Judgment
  • Cession Of Rights
  • Locus Standi
  • Rule 18 6 Compliance
  • Electronic Evidence
  • Instalment Sale Agreement
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Civil Procedure [2019] ZAECGHC 56

Mfura Trading & Projects CC v Constant Flow Electrical (Pty) Ltd (1438/2018)

Mfura Trading & Projects CC v Constant Flow Electrical (Pty) Ltd (1438/2018) [2019] ZAECGHC 56 (14 May 2019)

The court granted leave to appeal after finding arguable prospects on summary judgment and allowing points in limine to be raised on appeal.

  • Summary Judgment
  • Contractual Terms
  • Bona Fide Defence
  • Rule 18 6 Compliance
  • Leave To Appeal
  • Summary-judgment
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Civil Procedure [2015] ZAGPPHC 223

Grobler v Greenfield Growing Systems (Pty) Ltd (61116/13)

Grobler v Greenfield Growing Systems (Pty) Ltd (61116/13) [2015] ZAGPPHC 223 (20 March 2015)

The High Court held that Rule 18(6) does not require a signed written agreement to be annexed to a plea and refused an application to compel one.

  • Rule 30a Application
  • Pleading Requirements
  • Rule 18 6 Compliance
  • Signed Vs Unsigned Agreement
  • Rule-30a
  • Rule-18-6
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Civil Procedure [2014] ZAECGHC 27

Standard Bank of South Africa Limited v Davenport NO and Others (847/10)

Standard Bank of South Africa Limited v Davenport NO and Others (847/10) [2014] ZAECGHC 27 (25 April 2014)

The court refused leave to amend a plea of admissions and locus standi challenges, finding no bona fide explanation and awarding costs.

  • Amendment Of Pleadings
  • Withdrawal Of Admissions
  • Locus Standi
  • Rule 18 6 Compliance
  • Amendment-of-pleadings
  • Withdrawal-of-admissions
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Civil Procedure [2014] ZAFSHC 58

JNJ Coffins CC and Others v CG Casket & Coffin Manufactures (3807/2013)

JNJ Coffins CC and Others v CG Casket & Coffin Manufactures (3807/2013) [2014] ZAFSHC 58 (24 April 2014)

The court upheld exceptions to particulars of claim, finding the pleaded credit application was not shown to be a binding contract and the suretyship was defective.

  • Pleading Requirements
  • Breach Of Contract
  • Suretyship
  • Rule 18 6 Compliance
  • Pleading-requirements
  • Exceptions
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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.