Motshele v Motshele (32777/2017) [2025] ZAGPPHC 274 (17 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
32777/2017
Judge
E Joyini
The High Court dismissed an application to strike out a respondent’s claim and defence for non-compliance with a prior court order, but ordered costs on an attorney-and-client scale.
M.Z.M obo B.R.M v Khanyisa Mogale Attorneys (CIV APP MG06/22) [2024] ZANWHC 171 (4 July 2024)
Court
North West High Court, Mafikeng
Case number
CIV APP MG06/22
Judge
Reddy
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.
N.Z.M v Road Accident Fund (13281/2020) [2024] ZAGPPHC 444 (16 May 2024)
Court
North Gauteng High Court, Pretoria
Case number
13281/2020
Judge
Millar
The court found that Rule 37(2)(b) does not impose any obligation on the defendant to nominate a date, time or place for a pre-trial conference, and therefore an order to compel such action is not competent under Rule 30A(1)(a). The correct procedure in cases of non-engagement is for the plaintiff to submit the matter to the Registrar under Rule 37(3)(b), who will then decide the date, time and place for the pre-trial conference. The court disagreed with the contrary interpretation adopted in Hamufari v Road Accident Fund and the Johannesburg practice directive, holding that the rules, not th…
Compensation Solutions (Pty) Ltd v Compensation Commissioner and Another (69944/2019) [2022] ZAGPPHC 720 (26 September 2022)
Court
North Gauteng High Court, Pretoria
Case number
69944/2019
Judge
L Pillay
The court dismissed a default judgment application, holding that an exception delivered in response to a notice of bar prevented the plaintiff from obtaining default judgment.
M and M Quantity Surveyors CC v Orvall Corporate Designs (Pty) Ltd (84202/19) [2021] ZAGPPHC 343 (27 May 2021)
Court
North Gauteng High Court, Pretoria
Case number
84202/19
Judge
JF Barnardt
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.
Botha v 4D Health (Pty) Limited (2019/18976) [2020] ZAGPPHC 268 (15 June 2020)
Court
North Gauteng High Court, Pretoria
Case number
2019/18976
Judge
Mokose
High Court application to compel production of documents referenced in an expert report. The court ordered inspection under Rule 35(12) and costs against the respondent.
AR Controls (Pty) Ltd v Bray Controls Africa (Pty) Ltd (40571/2018) [2019] ZAGPJHC 414 (8 October 2019)
Court
South Gauteng High Court, Johannesburg
Case number
40571/2018
Judge
M A Makume
Application to compel production of documents under Rule 35(12) was dismissed after the court found the respondent had not shown sufficient need or prejudice.
Royal Entertainment Internet Entre/Cafe v Vakani Gaming North West (Pty) Ltd (M544/2017) [2019] ZANWHC 5 (21 February 2019)
Court
North West High Court, Mafikeng
Case number
M544/2017
Judge
R D Hendricks
The court dismissed a Rule 30A application to compel further discovery, holding that the respondent had complied with Rule 35(12) and that the sought documents were irrelevant.
Scormin (Pty) Limited and Another v New Venture Mining Investment Holdings (Pty) Limited and Others (M490/2017) [2018] ZANWHC 16 (21 June 2018)
Court
North West High Court, Mafikeng
Case number
M490/2017
Judge
N Gutta
The court held that the respondents are only entitled to documents specifically referred to in the applicants' founding affidavit or annexures, as required by Rule 35(12). Requests for proof of payment and other financial documents were found to be requests for further particulars, not discovery, as no specific documents were referenced. The only document the respondents were entitled to inspect was the Umbrella Amendment Termination Agreement, which was referenced in the Scormin Subscription Agreement annexed to the founding affidavit. The applicants failed to allege that the document was pr…