South Africa Case Law

Mineral-Loy (Pty) Ltd v Highveld Steel and Vanadium Corporation Limited and Another (A135/2021)

Mineral-Loy (Pty) Ltd v Highveld Steel and Vanadium Corporation Limited and Another (A135/2021) [2025] ZAGPPHC 39 (23 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A135/2021

Judges

E van der Schyff, S.A.M. Baqwa, M.P.N. Mbongwe

The court held that claim 1.1 had prescribed because Mineral-Loy had sufficient knowledge of the debtor's identity and the facts giving rise to the debt by June 2008, as evidenced by its conduct and pleadings. Mineral-Loy failed to raise the identity argument in replication and did not lack knowledge sufficient to institute action. Regarding claim 2, the court found that Mineral-Loy failed to prove and quantify its damages, as it did not provide factual evidence of its profit margin or commission entitlement, nor did it lead customer evidence. The absence of documentary proof and reliance on…

Source excerpt

• Distribution Agreement
• Prescription Act
• Quantification Of Damages
• Costs Award
• Rule 34 Uniform Rules
• Breach Of Contract

A.S v A.S (2625/2019)

A.S v A.S (2625/2019) [2024] ZAECQBHC 84 (14 November 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

2625/2019

Judge

M Makaula

The High Court dismissed an application to vary a costs order after finding the plaintiff’s Rule 34 tender did not meet the rule’s requirements.

• Costs Order Reconsideration
• Rule 34 Uniform Rules
• Joint Ownership
• Settlement Offer
• Rule-34
• Costs-orders

Du Toit N.O obo Nkuna v Road Accident Fund (CA&R45/2023)

Du Toit N.O obo Nkuna v Road Accident Fund (CA&R45/2023) [2024] ZANCHC 78; [2024] 4 All SA 476 (NCK) (23 August 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R45/2023

Judges

Phatshoane, Nxumalo, Tyuthuza

High Court appeal on costs after a Calderbank offer. The court held the RAF unreasonably failed to engage and ordered attorney-and-client costs from the offer date.

• Costs Orders
• Calderbank Offer
• Attorney And Client Costs
• Rule 34 Uniform Rules
• Reconsideration Of Costs
• Calderbank-offer

Bokamoso Painting Firm (Pty) Ltd v Masilonyana Local Municipality (4396/2022)

Bokamoso Painting Firm (Pty) Ltd v Masilonyana Local Municipality (4396/2022) [2023] ZAFSHC 313 (10 August 2023)

Court

Free State High Court, Bloemfontein

Case number

4396/2022

Judge

JP Daffue

The court found that Rule 34 was inapplicable as the requirements for a valid offer and acceptance under the rule were not met, and the applicant did not accept the offer within the prescribed period. The correspondence between the parties did not constitute a single, clear, and unequivocal settlement agreement that brought finality to the dispute. The applicant's counter-offers altered the terms of the original proposal, and the Municipality's subsequent communications introduced further conditions and disputes. The court held that, while there was some certainty regarding the Municipality's…

Source excerpt

• Settlement Agreement
• Rule 34 Uniform Rules
• Rule 41 Uniform Rules
• Contractual Offer And Acceptance
• Costs Award

Mntwaphi v Road Accident Fund (701/2017)

Mntwaphi v Road Accident Fund (701/2017) [2018] ZAECPEHC 6 (16 February 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

701/2017

Judge

E Revelas

The High Court reconsidered costs after the defendant’s settlement offers exceeded the damages award, and varied the order to split costs by date of offer.

• Costs Award
• Rule 34 Uniform Rules
• Offers To Settle
• Civil-procedure
• Costs-orders
• Settlement-offers