South Africa Case Law

Kubupay (Pty) Ltd v Mayibuye Transport Corporation (EL1203/2022)

Kubupay (Pty) Ltd v Mayibuye Transport Corporation (EL1203/2022) [2023] ZAECELLC 21 (27 July 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1203/2022

Judge

S A Collett

The court found that the plaintiff's application to strike out was not the correct procedure for addressing the alleged irregularity in the defendant's plea. The plaintiff's complaint related to a failure to comply with Rule 18(6), which is an irregularity of form rather than substance. The appropriate remedy for such irregularity is to invoke Rule 30, not Rule 23(2). The court held that applications under Rule 23(2) are interlocutory and do not require affidavits, and that the plaintiff's application was procedurally competent. However, the court declined to make a finding on whether the def…

Source excerpt

• Striking Out Irrelevant Matter
• Pleading Irregularity
• Rule 23 Application
• Rule 18 Compliance

Flentov v Trappler and Others (16925/2021)

Flentov v Trappler and Others (16925/2021) [2023] ZAWCHC 18 (6 February 2023)

Court

Western Cape High Court, Cape Town

Case number

16925/2021

Judge

Lekhuleni

The High Court dismissed an application to strike out defamation-related paragraphs pleaded as history and context, finding them relevant and not prejudicial.

• Striking Out Pleadings
• Rule 23 Application
• Relevance Of Evidence
• Defamation History
• Strike-out-pleadings
• Rule-23

Chauke v Kingdom of Netherlands and Others (62092020)

Chauke v Kingdom of Netherlands and Others (62092020) [2021] ZAGPPHC 43 (28 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

62092020

Judge

G.T. Avvakoumides

The High Court upheld exceptions to a plaintiff’s summons as materially defective and incomprehensible, and ordered costs against the plaintiff.

• Exception To Summons
• Rule 18 Compliance
• Rule 23 Application
• Costs Order
• Vexatious Litigation
• Exception-to-summons

Willow and Aloe Grove Body Corporate v Big Bell Investments (Pty) Ltd t/a Citynet (41535/2019)

Willow and Aloe Grove Body Corporate v Big Bell Investments (Pty) Ltd t/a Citynet (41535/2019) [2020] ZAGPJHC 267 (26 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

41535/2019

Judge

I Opperman

The court struck out a pleaded admission and annexure because they were part of without prejudice settlement communications and therefore inadmissible.

• Without Prejudice Rule
• Rule 23 Application
• Pleading Irregularity
• Facta Probanda
• Admissibility Of Evidence
• Without-prejudice-rule