South Africa Case Law

ABSA Technologies Finance Solutions (Pty) Ltd v ICT Globe Management (Pty) Ltd (2513/2016)

ABSA Technologies Finance Solutions (Pty) Ltd v ICT Globe Management (Pty) Ltd (2513/2016) [2018] ZAGPPHC 416 (12 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

2513/2016

Judge

B Neukircher

The High Court held that a party relying on a written contract must annex it to its pleading under Rule 18(6), and that Rule 35(12) requires inspection of originals, not just copies.

• Rule 18 6 Contract Pleading
• Rule 30 Irregular Proceedings
• Rule 35 12 Document Inspection
• Conditional Counterclaim
• Breach Of Contract
• Rule-18-6-contract-pleading

ABSA Bank Ltd v Zalvest Twenty (Pty) Ltd and Another (00/0000)

ABSA Bank Ltd v Zalvest Twenty (Pty) Ltd and Another (00/0000) [2013] ZAWCHC 169; 2014 (2) SA 119 (WCC) (6 November 2013)

Court

Western Cape High Court, Cape Town

Case number

4620/13

Judges

Traverso, Rogers

The court held that the defendants' exception was misconceived. Rule 18(6) requires annexing a copy of a written contract to pleadings only where it is possible to do so. Where the contract has been destroyed or lost and no copy can be found despite a diligent search, substantive law allows the plaintiff to prove the contract and its terms by secondary evidence. The inability to annex the contract does not deprive the plaintiff of its cause of action. The rules of court regulate procedure and cannot override substantive law. If condonation for non-compliance is required, it may be granted und…

Source excerpt

• Rule 18 6 Contract Pleading
• Mortgage Bond Enforcement
• Secondary Evidence
• Condonation Under Rule 27 3
• Suretyship Liability