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South Africa decisions
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Free State Wheels (Pty) Ltd v WRC Rentals (Pty) Ltd and Others (2014/2023) [2024] ZAFSHC 87 (14 March 2024)
The High Court allowed an amendment to particulars of claim, finding the changes clarified the pleadings and did not make them excipiable.
Ketse and Another v Motlhabedi (M03/2021) [2024] ZANWHC 10 (18 January 2024)
The court held that filing an exception interrupted the original bar. After withdrawal of the exception, a fresh notice of bar was required before default judgment could proceed.
Zwane v Sasol Technology and Another [2023] ZAGPPHC 131; 91849/2015 (22 February 2023)
The High Court upheld an exception to an amended claim, finding it vague, embarrassing, and non-compliant with pleading rules, and set it aside as an irregular step.
Compensation Solutions (Pty) Ltd v Compensation Commissioner and Another (69944/2019) [2022] ZAGPPHC 720 (26 September 2022)
The court dismissed a default judgment application, holding that an exception delivered in response to a notice of bar prevented the plaintiff from obtaining default judgment.
Bertobrite (Pty) Ltd v Kegtlengrivier Local Municipality (3200/19) [2021] ZANWHC 47 (20 April 2021)
The court held that the respondent was entitled to file a notice of exception in response to the notice of bar, provided it was done within the period specified by the notice. The authorities cited confirm that an exception is a valid procedural step under Rule 26 and Rule 23, and the respondent complied with the rules by delivering the exception before the expiry of the notice of bar period. The applicant's submission that only a plea is permissible after a notice of bar was rejected. The application for default judgment was therefore dismissed, as the respondent was not barred from pleading…
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University of Mpumalanga v Magma Masemola Attorneys Inc (1941/2018) [2021] ZAMPMBHC 10 (7 January 2021)
The High Court dismissed an exception to particulars of claim, holding that any vagueness did not strike at the heart of the cause of action.
Ndorum Joint Venture v Minister of Transport, National and Others (1194/2016) [2018] ZAECMHC 20 (29 March 2018)
The court granted condonation for a late, amended exception, but imposed strict deadlines and costs against the Third Defendant for repeated procedural non-compliance.
Tuffsan Investments 1088 (Pty) Ltd v Sethole and Another (22826/2015) [2016] ZAGPPHC 653 (4 August 2016)
The court found that the defendants were entitled to serve a notice in terms of Rule 23(1) within the period allotted in the notice of bar, and that their notice of intention to except complied with the requirements of Rule 26. The administrative error in serving the exception was explained and not wilful. The court accepted the defendants' explanation and held that good cause was shown for the delay. The interpretation of Rule 23 and Rule 26, supported by Felix and Landmark Mthatha, allows for the filing of an exception after the initial 20-day period, provided the notice of bar is complied…
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Altech Netstar Fleet Solutions (Pty) Limited v XMoor Transport CC (6731/2013) [2014] ZAKZDHC 12 (2 April 2014)
The court upheld an exception to particulars of claim that pleaded oral and ancillary contracts alongside a written agreement containing a non-variation clause.
Weld-Cut Equipment (Pty) Ltd v Anthony Forrester t/a Amgas Industrial Equipment (35615/09) [2011] ZAGPPHC 148 (6 May 2011)
Summary judgment was refused because the defendant raised a bona fide defence based on excipiability and lack of particularity in the plaintiff’s pleadings.
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