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South Africa decisions
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Lekwa-Teemane Local Municipality v H.B obo B.B and Another (502/20) [2025] ZANWHC 15 (29 January 2025)
The High Court granted leave to amend a plea under Rule 28, finding no prejudice to the respondent and ordering the applicant to pay costs.
Shabangu v Road Accident Fund (21503/2013) [2024] ZAGPPHC 1265 (2 December 2024)
The High Court held that a late amendment increasing the plaintiff’s claim five days before trial reopened the pleadings and entitled the defendant to consequential adjustments.
Prodigy Human Capital Architects (Pty) Ltd v Adcorp Fulfilment Services (Pty) Ltd (17932/18) [2024] ZAGPJHC 698 (19 July 2024)
The High Court granted leave to amend particulars of claim in a commercial dispute, finding no incurable prejudice from a witness’s death and no excipiable pleading.
Road Accident Fund v Sethole (3714/2022) [2024] ZALMPPHC 62 (18 June 2024)
The High Court rescinded a default judgment for the Road Accident Fund after finding a procedural defect in the plaintiff’s amendment and default process.
M.S.G v Savvidou and Another (2020/34451) [2023] ZAGPPHC 1800 (24 October 2023)
The court found that the applicant's proposed amendment was bona fide and necessary to ventilate the real issues between the parties, including claims for loss of support in his representative capacity. Although the applicant had not yet quantified damages in detail, the separation of liability and quantum under rule 33(4) was permissible, and the respondent would not suffer prejudice that could not be compensated by costs. The amendment would facilitate the proper resolution of the dispute and ensure justice between the parties. The court exercised its discretion to grant leave to amend, fin…
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Government Employees Medical Scheme v Liliba Pharmacy (25410/2021) [2023] ZAGPJHC 1269 (23 September 2023)
The court found that the defendant, Crossy Suppliers (Pty) Ltd, had traded under the name 'Liliba Pharmacy' and had actively participated in the proceedings. The misdescription of the defendant did not render the summons a nullity, as the correct party was before the court and had defended the action. The amendment sought was bona fide and would not prejudice the defendant. Rule 28 provides a mechanism for amending pleadings where necessary, and the objections raised by the defendant were without merit. The court granted leave to amend the particulars of claim to reflect the correct identity…
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Timber Shavings CC v Homely Property and BNB (Pty) Ltd (3357/2022) [2023] ZAECQBHC 42 (1 August 2023)
The High Court granted leave to amend particulars of claim to add an invoice, finding no irreparable prejudice and leaving the merits for trial.
African Amity NPC and Others v Minister of Home Affairs and Others [2023] ZAGPPHC 503; 51735/2021 (29 June 2023)
The High Court dismissed an attempt to amend a notice of motion and affidavit in a ZEP review matter, holding that the procedure under Rule 28 was not followed.
Absa Bank Limited v Erasmus (482/2022) [2022] ZAFSHC 309 (21 October 2022)
The court found that the applicant failed to discharge the onus of showing that the respondent would not be prejudiced by the proposed amendments. The amendments sought would allow the applicant to dispose of the vehicles, which are the subject of the main action still pending before the court, potentially extinguishing the dispute without proper ventilation. The application was not shown to be in the interests of justice or made in good faith, and the respondent's objections were not adequately addressed. The consolidation of proceedings under one case number did not affect the substance of…
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Clear Cut Projects (Pty) Ltd and Another v Minister of Police and Another (2218/2020) [2021] ZAFSHC 11 (5 February 2021)
The court struck the urgent application off the roll with costs after finding the applicants had locus standi, but had not properly complied with Rule 28 amendments.
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