South Africa Case Law

Northern Cape Livestock Vryburg Co-op Ltd v Grootbos Voerkrale (Pty) Ltd and Another (1880/2023)

Northern Cape Livestock Vryburg Co-op Ltd v Grootbos Voerkrale (Pty) Ltd and Another (1880/2023) [2025] ZANWHC 117 (14 July 2025)

Court

North West High Court, Mafikeng

Case number

1880/2023

Judge

Oosthuizen-Senekal

The High Court upheld an exception to amended particulars of claim, finding the damages pleading too vague to assess, and gave the plaintiffs 20 days to amend.

• Vague And Embarrassing Pleading
• Quantification Of Damages
• Rule 18 Uniform Rules
• Exception Procedure
• Delictual Liability
• Commercial Loss

Mirai Rail Corporation (Pty) Ltd v H Rohloff (Pty) Ltd (030891/2022)

Mirai Rail Corporation (Pty) Ltd v H Rohloff (Pty) Ltd (030891/2022) [2024] ZAGPPHC 518 (6 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

030891/2022

Judge

Kekana

The High Court upheld an exception to a plea and counterclaim that lacked necessary averments and was vague and embarrassing, with leave to amend.

• Exception To Pleading
• Vague And Embarrassing
• Lack Of Cause Of Action
• Rule 18 Uniform Rules
• Damages Claim Pleading
• Double Dipping

Nedbank Limited v Madonsela (2022/044542)

Nedbank Limited v Madonsela (2022/044542) [2024] ZAGPPHC 343 (8 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022/044542

Judge

SST Kholong

The High Court upheld an exception to vague particulars of claim, set them aside with leave to amend, and dismissed a premature summary judgment application.

• Exception To Pleading
• Summary Judgment
• Rule 18 Uniform Rules
• Irregular Step
• Amendment Of Pleadings
• Civil-procedure

Maziya General Services CC v Minister of Public Works N.O and Another (Appeal) (CA 240/2022)

Maziya General Services CC v Minister of Public Works N.O and Another (Appeal) (CA 240/2022) [2024] ZAECMKHC 42 (6 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 240/2022

Judges

M Makaula, TV Norman, L Ellis

The High Court upheld an appeal against an exception, finding the pleadings in a joint-venture repudiation claim were sufficiently detailed under Rule 18(4).

• Exception Procedure
• Joint Venture Liability
• Co-creditor Rights
• Pleading Requirements
• Contract Repuation
• Rule 18 Uniform Rules

Ngwenya v Allied Builders Home Centre (Pty) Ltd (2022/18959)

Ngwenya v Allied Builders Home Centre (Pty) Ltd (2022/18959) [2023] ZAGPJHC 1330 (17 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/18959

Judge

Salmon AJ

The court upheld an exception to a personal-injury particulars of claim for vagueness and non-compliance with Rule 18, and set the pleading aside with leave to amend.

• Vague And Embarrassing Pleading
• Personal Injury Claim
• Rule 18 Uniform Rules
• Quantum Of Damages
• Vague-and-embarrassing-pleading
• Personal-injury-claims

VBS Financial Services (Pty) Ltd v Madhandzi (36120/21)

VBS Financial Services (Pty) Ltd v Madhandzi (36120/21) [2023] ZAGPJHC 1000 (7 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

36120/21

Judge

B.P. Manyathi

The High Court dismissed an exception to a particulars of claim alleging unauthorised payments by a company director and breach of fiduciary duty.

• Fiduciary Duty Of Directors
• Undue Enrichment
• Companies Act 71 Of 2008
• Pleading Requirements
• Rule 18 Uniform Rules
• Exception

NTSU Building (Pty) Ltd v Member of the Executive Council of the Department of Human Settlements, Free State Province (4946/2013)

NTSU Building (Pty) Ltd v Member of the Executive Council of the Department of Human Settlements, Free State Province (4946/2013) [2023] ZAFSHC 179 (16 May 2023)

Court

Free State High Court, Bloemfontein

Case number

4946/2013

Judge

M E Mahlangu

The High Court upheld an exception to an amended claim, finding the enrichment case against the first defendant was insufficiently pleaded and unclear.

• Exception Procedure
• Pleading Requirements
• Unjustified Enrichment
• Cause Of Action
• Rule 18 Uniform Rules
• Exception-procedure

Gibela Rail Consortium RF (PTY) Ltd v Ndobe (4241/2020)

Gibela Rail Consortium RF (PTY) Ltd v Ndobe (4241/2020) [2022] ZAGPJHC 684 (14 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

4241/2020

Judge

Twala

The High Court dismissed an application to strike out amended particulars of claim, holding the respondent had complied with a prior order and the attack was premature.

• Exception Procedure
• Pleading Requirements
• Defamation Claim
• Rule 18 Uniform Rules
• Abuse Of Process
• Civil-procedure

Wesbank (a division of Firstrand Bank Ltd) v Mzotane (1778/2021)

Wesbank (a division of Firstrand Bank Ltd) v Mzotane (1778/2021) [2022] ZAECGHC 31 (24 March 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

1778/2021

Judge

NQUMSE

The defendant's plea and counterclaim were found to be non-compliant with the Uniform Rules of Court, specifically failing to admit or deny material facts and lacking a clear and concise statement of the material facts relied upon. The defendant conceded that the pleadings were defective and required amendment. The court rejected the jurisdictional challenge, confirming that the High Court has concurrent jurisdiction with the Magistrate's Court for claims within the monetary threshold. The defendant's conduct demonstrated disregard for the rules, and the opposition to the application was with…

Source excerpt

• Irregular Proceedings
• Pleadings Non Compliance
• Rule 18 Uniform Rules
• Counterclaim Requirements

Media t/a Daily Sun and Others v Sithole (38734/2020)

Media t/a Daily Sun and Others v Sithole (38734/2020) [2022] ZAGPPHC 99 (18 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

38734/2020

Judge

Khashane La M. Manamela

In a defamation action, the court partly upheld a Rule 30/Rule 23 challenge to the particulars of claim and ordered the plaintiff to amend key paragraphs.

• Defamation
• Pleadings Particularity
• Vague And Embarrassing
• Exception Procedure
• Rule 18 Uniform Rules
• Rule 23 Uniform Rules