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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1115

SA Retail Properties (Pty) Limited v Black Panther Lounge (Pty) Limited and Another (2023/013774)

SA Retail Properties (Pty) Limited v Black Panther Lounge (Pty) Limited and Another (2023/013774) [2024] ZAGPJHC 1115 (1 November 2024)

The High Court dismissed an application for leave to appeal, holding there was no reasonable prospect of success and awarding costs, but not punitive costs.

  • Irregular Step
  • Uplifting Bar
  • Rule 30
  • Leave To Appeal
  • Costs Order
  • Leave-to-appeal
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Civil Procedure [2024] ZAGPJHC 1127

Ngwenya NO v Ngwenya NO and Another (2019/14999)

Ngwenya NO v Ngwenya NO and Another (2019/14999) [2024] ZAGPJHC 1127 (31 October 2024)

The court struck out a late answering affidavit as an irregular step, holding that substitution had been properly effected under Rule 15 and no leave was sought for further affidavits.

  • Substitution Of Parties
  • Irregular Step
  • Rule 15
  • Rule 30
  • Affidavit Striking Out
  • Civil-procedure
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Civil Procedure [2024] ZAGPPHC 1020

Liberty Group Limited and Others v Tikka n Kebab CC t/a Ghazal Express and Another (038205/2023)

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.

  • Amendment Of Pleadings
  • Irregular Proceedings
  • Court Order Compliance
  • Condonation
  • Rule 28
  • Rule 30
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Civil Procedure [2024] ZANWHC 171

M.Z.M obo B.R.M v Khanyisa Mogale Attorneys (CIV APP MG06/22)

M.Z.M obo B.R.M v Khanyisa Mogale Attorneys (CIV APP MG06/22) [2024] ZANWHC 171 (4 July 2024)

The High Court dismissed a Rule 30 and 30A challenge to an alleged irregular step, holding the application lacked merit and awarding costs in the appeal.

  • Irregular Step
  • Rule 30
  • Rule 30a
  • Costs De Bonis Propriis
  • Condonation
  • Withdrawal Of Application
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Civil Procedure [2024] ZAGPPHC 448

Instant Life (Pty) Ltd and Others v Tshukudu (5512/2018)

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.

  • Amendment Of Pleadings
  • Joinder Of Parties
  • Irregular Proceedings
  • Rule 28
  • Rule 30
  • Amendment-of-pleadings
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Civil Procedure [2024] ZAGPPHC 185

Malgas and Others v Minister of Justice and Correctional Services (73418/2016)

Malgas and Others v Minister of Justice and Correctional Services (73418/2016) [2024] ZAGPPHC 185 (21 February 2024)

The court held that the plaintiffs’ condonation application was irregular because it conflicted with a prior Rule 33(4) separation order and set it aside.

  • Condonation Application
  • Irregular Proceedings
  • Rule 30
  • Rule 33 Separation
  • Urgent Application
  • Civil-procedure
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Civil Procedure [2023] ZAGPJHC 1038

Manufacturing, Engineering & Related Services Sector Education & Training Authority v Mhlaba (033076/2022)

Manufacturing, Engineering & Related Services Sector Education & Training Authority v Mhlaba (033076/2022) [2023] ZAGPJHC 1038 (18 September 2023)

The High Court held that the defendant was ipso facto barred for failing to plead timeously, and struck the exception application from the roll with costs.

  • Notice Of Bar
  • Exception Procedure
  • Rule 26
  • Rule 30
  • Removal Of Bar
  • Notice-of-bar
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Civil Procedure [2023] ZAGPJHC 470

CBZ Solutions (Pty) Ltd v Eskom Holding SOC Ltd ; In Re Eskom Holding SOC Ltd v Zurich Insurance and Others (2022/5427)

CBZ Solutions (Pty) Ltd v Eskom Holding SOC Ltd ; In Re Eskom Holding SOC Ltd v Zurich Insurance and Others (2022/5427) [2023] ZAGPJHC 470 (15 May 2023)

The High Court refused to remove CBZ Solutions as a defendant, finding it had a possible direct and substantial interest in the underlying dispute.

  • Joinder And Misjoinder
  • Contractual Guarantees
  • Performance Bonds
  • Retention Money
  • Rule 10
  • Rule 30
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Civil Procedure [2023] ZAGPJHC 329

Sasol South Africa t/a Sasol Chemicals v Penkin (06609/2020)

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.

  • Amendment Of Pleadings
  • Irregular Proceedings
  • Rule 28
  • Rule 30
  • Prejudice And Interests Of Justice
  • Civil-procedure
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Civil Procedure [2021] ZAGPPHC 343

M and M Quantity Surveyors CC v Orvall Corporate Designs (Pty) Ltd (84202/19)

M and M Quantity Surveyors CC v Orvall Corporate Designs (Pty) Ltd (84202/19) [2021] ZAGPPHC 343 (27 May 2021)

The court dismissed both a default judgment application and a defendant’s Rule 30/30A application, finding the Rule 30 notice out of time and refusing judgment.

  • Default Judgment
  • Irregular Proceedings
  • Rule 30
  • Rule 30a
  • Particulars Of Claim
  • Contractual Fees
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.