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South Africa decisions
Decisions matching the current search
Mabunda v Road Accident Fund (20802/2020) [2025] ZAGPPHC 26 (1 January 2025)
The High Court removed a default-judgment matter from the roll after finding that the plaintiff sought loss-of-earnings relief beyond the pleaded claim without a formal amendment.
Liberty Group Limited and Others v Tikka n Kebab CC t/a Ghazal Express and Another (038205/2023) [2024] ZAGPPHC 1020 (16 October 2024)
The High Court set aside a late second notice of amendment as an irregular step after plaintiffs missed a court-ordered deadline without seeking condonation.
Plus 94 Research (Pty) Ltd v N.U and Another (2023-115047) [2024] ZAGPPHC 573 (19 June 2024)
The court held that the filing of a notice of intention to amend the plea, where the period for objection under rule 28(2) has not expired, bars the hearing of the summary judgment application. This is because the amendment process must be completed to ensure procedural fairness and to allow the plaintiff to address any new defences raised. The plaintiff may, after the amendment process is exhausted, file a supplementary affidavit and set the summary judgment application down for hearing. The wasted costs occasioned by the postponement are to be borne by the respondents, as the delay was caus…
Source excerpt
Instant Life (Pty) Ltd and Others v Tshukudu (5512/2018) [2024] ZAGPPHC 448 (2 May 2024)
The High Court held that a purported rule 28(7) amendment notice was irregular because leave to amend had not been granted and ordered it set aside.
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.
Trackers Series (Pty) Ltd v Oxygen Media (Pty) Limited and Others (2022/14668) [2023] ZAGPJHC 1085 (28 September 2023)
The High Court granted the defendants leave to amend their plea, holding the amendments were not shown to be mala fide or irremediably prejudicial.
Sasol South Africa t/a Sasol Chemicals v Penkin (06609/2020) [2023] ZAGPJHC 329; 2024 (1) SA 272 (GJ) (14 April 2023)
Rule 30 challenge to a lay defendant’s amendment notice failed because no real prejudice was shown and the notice had lapsed when amended pages were not filed.
Hyve Events S.A. Limited v African Energy Chamber NPC and Another (20141/2022) [2023] ZAGPJHC 129 (14 February 2023)
The High Court granted leave to amend a notice of motion to include additional offending publications, finding the amendment bona fide and not prejudicial.
NT Makhubele Enterprise CC and Another v Business Partners Limited (2220/2017) [2022] ZAGPJHC 968 (25 November 2022)
The High Court dismissed leave to appeal against a refusal to amend pleadings, finding no reasonable prospects of success and no bias.
Ace Plant Hire (Pty) Ltd v Road Traffic Management Corporation and Others (8839/2021) [2022] ZAGPPHC 897 (16 November 2022)
The High Court granted leave to amend a notice of motion to add review relief about an administrative vehicle mark, with costs against the applicant.
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