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South Africa decisions
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Maluti Plant Crushers CC v All Star Industries CC and Others (1829/2020) [2023] ZAFSHC 463 (28 November 2023)
The High Court refused leave to amend a particulars of claim, finding the proposed wording still vague and embarrassing and therefore excipiable.
Thompson Kusela CC t/a Thompson Security Group v Dewald Buys t/a Masima Block Watch (2017/39176) [2023] ZAGPJHC 692 (13 June 2023)
The High Court dismissed an application to amend a plea, finding the alleged admission was ambiguous and the issue had been clarified by further particulars.
Nedbank Limited v Haresh (11969/2015) [2022] ZAKZDHC 19 (11 May 2022)
The court found that the plaintiff's proposed amendments to the particulars of claim and reply to further particulars did not introduce a new cause of action or breach the non-variation clause in the acknowledgement of debt. The amendments were necessary to align the pleadings with the evidence and would reduce the quantum of the claim. Any prejudice to the defendant could be remedied by a costs order. The court held that, although further particulars are not pleadings, the unsettled law on whether they constitute a 'document' under rule 28 did not warrant dismissal of the amendment applicati…
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Ditsobotla Local Municipality and Another v Elegant Line Trading CC t/a Oryx Wildlife and Game Farming Elegant Line Trading CC and Others (M146/2019) [2020] ZANWHC 38 (28 August 2020)
The High Court granted an amendment and postponed a municipal review application until the amended notice of motion could be dealt with.
Cherangani Trade and Invest 50 (Pty) Ltd v Razzmatazz (Pty) Ltd and Another (2795/2018) [2020] ZAFSHC 100 (28 May 2020)
The court granted leave to amend particulars of claim in a paving-stones debt claim, finding no new cause of action, no prejudice, and condoning late filing.
ICT Globe Management (Pty) Ltd v MCT Telecommunications (Pty) Ltd (45176/2015) [2016] ZAGPPHC 1010 (14 October 2016)
The court uplifted a rule 26 notice, ordered delivery of legible documents under rule 35(12), and required the applicant to plead after inspection.
Roelofse NO and Others v Dimitra Futures (Pty) Ltd and Others (35111/2008) [2015] ZAGPPHC 909 (18 December 2015)
The High Court allowed an amendment to pleadings in an unjust enrichment claim and ordered the opposition costs to be costs in the cause.
ABSA Bank Ltd v Innovent Rental and Asset Management Solutions (Pty) Ltd (14073/2010) [2011] ZAGPJHC 209 (1 September 2011)
The court held that the defendant's objections to the plaintiff's proposed amendments are not sustainable in law. A liquidator's determination of a lease agreement may constitute repudiation, and the plaintiff is entitled under the main cession agreement to require the defendant to repurchase the contract if payment is withheld. The defendant failed to establish that the amended pleading would be excipiable, and the express terms of the agreement support the plaintiff's entitlement to amend its particulars of claim. The objections raised by the defendant do not preclude the plaintiff from int…
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