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South Africa decisions
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Mokoka v JP Markets (Pty) Ltd and Another (2023/013189) [2025] ZAGPJHC 463 (13 May 2025)
The High Court dismissed an application to strike out a defence under Rule 21(4), finding the notice and relief sought were procedurally defective and conflated with discovery issues.
AD Trade Belgium SPRL Private Limited v Central Bank of the Republic of Guinea (57858/2021) [2025] ZAGPPHC 180 (18 February 2025)
The High Court dismissed a Rule 21 application for further particulars because it did not relate to the issues separated under a prior Rule 33(4) order.
Wozani Berg Gasoline (Pty) Ltd v Mkhondo Oil and Diesel (Pty) Ltd (48/2019) [2024] ZAMPMBHC 34 (9 May 2024)
The court dismissed an application for further particulars but granted an application to compel further discovery in a commercial fuel-payment dispute.
DNI Financial Services (Pty) Ltd v Morningside 3 of Erf One Three Four Three (43577/2019) [2023] ZAGPJHC 831 (26 July 2023)
The court held that the plaintiff's requests for documents under Rule 35(3), though incorporated into the request for further particulars, were sufficiently clear and provided adequate notice to the defendants. The court rejected the defendants' formalistic approach, finding that Rule 35(3) does not require a separate document and that the defendants, being legally represented, were aware of their obligations. The court further analysed each request for further particulars, compelling only those strictly necessary for trial preparation and rejecting those that sought evidence, opinion, or mat…
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Firstrand Bank Limited t/a First National Bank v Cronje and Others (3955/2019) [2023] ZAFSHC 127 (20 April 2023)
The High Court dismissed defendants’ bid to dismiss FNB’s claims, finding the bank had complied with prior orders by answering requests for particulars and discovery.
Visser N.O and Others v Van Niekerk and Others (5937/2016) [2021] ZAFSHC 187 (5 August 2021)
The court found that the applicants failed to demonstrate that the further particulars requested were strictly necessary for trial preparation as required by Rule 21(2). Many of the requests amounted to attempts to obtain evidence or information that should have been sought through discovery or admissions, not through further particulars. The applicants had ample opportunity during pre-trial conferences and discovery to address any prejudice or insufficiency in the respondents' replies but failed to do so. The delay of almost three years in bringing the application was not adequately explaine…
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Marasiro v Member For The Executive Council For Health Gauteng (41629/2014) [2018] ZAGPPHC 59 (6 March 2018)
The court ordered the respondent to provide further particulars for trial in a medical-negligence action and awarded costs on the attorney-client scale.
Marias v Marias (56513/2008) [2011] ZAGPPHC 42 (31 March 2011)
Interlocutory divorce application compelling further particulars and discovery was granted because the plaintiff had not supplied necessary financial documents.
Alexander Forbes Financial Services (Pty) Ltd v Mitchell Cotts Pension Fund and Others In re: Mitchell Cotts Pension Fund and Others v Alexander Forbes Financial Services (Pty) Ltd (08/7872) [2009] ZAGPJHC 67 (13 November 2009)
High Court dismissed applications to compel further particulars, compel discovery, and join third parties out of time, finding inadequate grounds and no prima facie case.
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