South Africa Case Law

First Rand Bank Limited t/a RMB Private Bank and as FNB v Doola (13723/2020)

First Rand Bank Limited t/a RMB Private Bank and as FNB v Doola (13723/2020) [2023] ZAGPJHC 456 (11 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

13723/2020

Judge

P Malungana

The court found that the respondent's rule 30 application was out of time and that the respondent had taken a further step in the proceedings by serving a rule 35(12) notice, which amounted to advancing the matter and acknowledging the impugned affidavits. As such, the respondent forfeited the right to bring the rule 30 application. Furthermore, both parties had filed affidavits late during the Covid-19 pandemic, but no prejudice was suffered as a result. The court held that the most appropriate remedy was to disregard the merits of the condonation applications and focus on the main applicati…

Source excerpt

• Rule 30 Irregular Step
• Rule 35 Document Production
• Striking Out Affidavit
• Condonation
• Prejudice In Procedure

Bragan Chemicals (Pty) Ltd v Season Flavour Manufacturers CC (49187/16)

Bragan Chemicals (Pty) Ltd v Season Flavour Manufacturers CC (49187/16) [2017] ZAGPPHC 498 (18 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

49187/16

Judge

W Hughes

The court dismissed a Rule 35(14) application, finding the requested documents were too generic and imprecise to be required for pleading.

• Rule 35 Document Production
• Pleading Requirements
• Onus Of Precision
• Costs Award
• Rule-35-14
• Document-production

Ekurhuleni Metropolitan Municipality v Grandbridge Trading 74 (Pty) Ltd and Others (40502/2014)

Ekurhuleni Metropolitan Municipality v Grandbridge Trading 74 (Pty) Ltd and Others (40502/2014) [2017] ZAGPJHC 344 (28 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

40502/2014

Judge

P.A. Meyer

High Court interlocutory ruling compelling production of lease documents under rule 35(12), after finding the documents relevant to the main electricity dispute.

• Rule 35 Document Production
• Lease Agreements
• Electricity Charges Liability
• Municipal By Laws
• Rule-35-document-production
• Interlocutory-application

Zidla Ndawonye Bomake Trading CC and Another v Habana Trading (Pty) Ltd (61873/14)

Zidla Ndawonye Bomake Trading CC and Another v Habana Trading (Pty) Ltd (61873/14) [2015] ZAGPPHC 93 (20 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

61873/14

Judge

Msimeki

The court held that the motion was set down prematurely because Rule 35 document-production requests had not been resolved, and removed the matter from the roll.

• Rule 35 Document Production
• Premature Set Down
• Costs In Application
• Rule-35
• Document-production
• Premature-set-down

Alexander v Road Accident Fund Appeal Tribunal and Others (29722/12)

Alexander v Road Accident Fund Appeal Tribunal and Others (29722/12) [2014] ZAGPPHC 4 (16 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

29722/12

Judge

PZ Ebersohn

The court ordered production of missing tribunal records and notes under Rules 35(12) and 53(3), finding the respondents had not adequately explained their absence.

• Rule 53 Review
• Rule 35 Document Production
• Tribunal Procedure
• Record Of Proceedings
• Discovery Of Evidence
• Rule-53-review