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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 694

Zungane v Road Accident Fund (84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021)

Zungane v Road Accident Fund (84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021) [2025] ZAGPPHC 694 (1 July 2025)

The court dismissed multiple RAF interlocutory applications as abusive attempts to convert trial matters into default judgments.

  • Abuse Of Process
  • Discovery
  • Striking Out Defence
  • Rule 21
  • Rule 35
  • Default Judgment
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Civil Procedure [2022] ZAGPPHC 860

Guardrisk Insurance Company Ltd v IFS Risk Consultants CC and Others (11799/2021)

Guardrisk Insurance Company Ltd v IFS Risk Consultants CC and Others (11799/2021) [2022] ZAGPPHC 860 (7 November 2022)

The High Court ordered the plaintiff to provide further particulars needed for trial preparation and held the plaintiff liable for the application and wasted costs.

  • Further Particulars
  • Pleadings
  • Trial Preparation
  • Rule 21
  • Costs Award
  • Civil-procedure
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Civil Procedure [2022] ZAECQBHC 39

Stapelberg Vervoer CC t/a Mill Trans v Nordicbau Master Builder & Renovator CC (601/2017)

Stapelberg Vervoer CC t/a Mill Trans v Nordicbau Master Builder & Renovator CC (601/2017) [2022] ZAECQBHC 39 (1 November 2022)

The court found that the applicant is entitled to the requested further particulars and discovery, subject to reasonable limitations on the time periods covered. The respondent failed to provide any cogent reason for refusing the requests, and the information sought is relevant to the issues in dispute, particularly the calculation of loss of income and the ability to test the respondent's expert evidence. The court emphasized that parties should be given reasonable leeway to prove or disprove claims and that objections based solely on allegations of fishing expeditions are insufficient. The…

  • Discovery Of Documents
  • Further Particulars
  • Rule 21
  • Rule 35
  • Loss Of Income
  • Expert Evidence
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Civil Procedure [2022] ZAGPPHC 734

Waco Africa (Pty) Ltd v Form Force (Pty) Ltd and Others (12178/2015)

Waco Africa (Pty) Ltd v Form Force (Pty) Ltd and Others (12178/2015) [2022] ZAGPPHC 734 (28 September 2022)

The High Court dismissed an application for leave to appeal against interlocutory orders compelling further particulars, finding no reasonable prospects of success.

  • Interlocutory Orders
  • Leave To Appeal
  • Discovery Of Documents
  • Rule 35
  • Rule 21
  • Leave-to-appeal
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Civil Procedure [2016] ZAWCHC 155

Dotcom Trading 118 (Pty) Ltd v Hobbs Sinclair Trading (Pty) Ltd (8503/2016)

Dotcom Trading 118 (Pty) Ltd v Hobbs Sinclair Trading (Pty) Ltd (8503/2016) [2016] ZAWCHC 155 (6 September 2016)

The High Court dismissed an application for further trial particulars and documents, finding the requests sought evidence rather than necessary particulars.

  • Discovery Affidavit
  • Trial Particulars
  • Rule 21
  • Rule 35
  • Punitive Costs
  • Exception Procedure
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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.