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South Africa Case Law

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Labour Law [2017] ZALCJHB 362

Reddi and Others v Mercedes-Benz South Africa Limited and Others (J3053/14)

Reddi and Others v Mercedes-Benz South Africa Limited and Others (J3053/14) [2017] ZALCJHB 362 (28 September 2017)

The Labour Court dismissed a motion claiming unilateral breach of employment contracts over car and fuel benefits, holding the contracts were not properly pleaded or proven.

  • Breach Of Employment Contract
  • Motion Proceedings
  • Confirmatory Affidavits
  • Rule 18 6 Uniform Rules
  • Unilateral Change Of Terms
  • Labour-law
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Civil Procedure [2016] ZAGPPHC 71

Amalgamated Metal Recycling v Limpopo Scrap Metal CC (49343/2013)

Amalgamated Metal Recycling v Limpopo Scrap Metal CC (49343/2013) [2016] ZAGPPHC 71 (5 February 2016)

The High Court dismissed an exception to particulars of claim, holding that the defendant had not shown prejudice from the absence of the written contract.

  • Rule 18 6 Uniform Rules
  • Vague And Embarrassing Pleading
  • Exception Procedure
  • Civil-procedure
  • Exceptions
  • Rule-18-6
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Civil Procedure [2016] ZAGPPHC 11

Caveonet Investments (Pty) Ltd t/a Becker and Mzimela Investigations v Road Accident Fund (35851/2015)

Caveonet Investments (Pty) Ltd t/a Becker and Mzimela Investigations v Road Accident Fund (35851/2015) [2016] ZAGPPHC 11 (21 January 2016)

Summary judgment was refused because the plaintiff failed to plead the cession linking it to the contract, and the defendant raised a bona fide defence on tariffs.

  • Summary Judgment
  • Cession Of Contract
  • Rule 18 6 Uniform Rules
  • Service Level Agreement
  • Liquidated Claim
  • Summary-judgment
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Civil Procedure [2015] ZAGPPHC 127

Absa Bank Limited v Bjorkman and Another (3332/13)

Absa Bank Limited v Bjorkman and Another (3332/13) [2015] ZAGPPHC 127 (13 February 2015)

The court found that the plaintiff's cause of action was based on the loan agreement annexed to the summons, and not on the mortgage bonds, which serve only as security. The plaintiff complied with Rule 18(6) by annexing the relevant loan agreement and the standard mortgage conditions. The court held that the notice requirements under clause 14.2.1 of the agreement and section 129 of the National Credit Act were satisfied, as the plaintiff sent the required notices to the first defendant. The amount claimed was supported by the certificate of balance, and any dispute regarding the quantum doe…

  • Exception To Summons
  • Mortgage Bond Enforcement
  • National Credit Act Compliance
  • Rule 18 6 Uniform Rules
  • Certificate Of Balance
  • Special Executability
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Civil Procedure [2014] ZAGPPHC 323

Qualitor (Pty) Ltd v Emfuleni Resorts (Pty) Ltd and Others (1505/13)

Qualitor (Pty) Ltd v Emfuleni Resorts (Pty) Ltd and Others (1505/13) [2014] ZAGPPHC 323 (30 May 2014)

High Court decision on exceptions and amendments in a contract dispute. The court upheld objections to the written-agreement and claim-thirteen pleadings, but allowed amendment for the oral agreement.

  • Pleading Requirements
  • Rule 18 6 Uniform Rules
  • Contract Repudiation
  • Oral Vs Written Contract
  • Amendment Of Pleadings
  • Civil-procedure
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