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South Africa decisions
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Let's Care Housing (Pty) Ltd v Thutlwa and Others (044138/2022) [2023] ZAGPJHC 154 (16 February 2023)
The High Court dismissed special pleas of lis alibi pendens and lack of locus standi, and made the draft order an order of court in an urgent PIE-related matter.
Quince Property Finance (Pty) Ltd v Jooste and Others (A387/2014) [2015] ZAWCHC 75 (2 June 2015)
Appeal partly upheld in a National Credit Act dispute over bridging finance and undertakings; matter remitted to determine juristic person status and section 129 compliance.
Cochrane v City of Johannesburg (A5044/09) [2010] ZAGPJHC 61; 2011 (1) SA 553 (GSJ) (18 August 2010)
The Full Bench held that the respondent was not entitled to use Rule 30 of the Uniform Rules of Court to set aside the appellant's summons for failure to comply with Section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act. The correct procedure for raising such non-compliance is by way of a special plea, which allows the appellant to respond by replication and enables proper consideration of condonation. Rule 30 is designed to address irregular steps under the Uniform Rules of Court, not defects arising from other legislation. The Supreme Court of Appeal in Minis…
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Dial Direct Insurance Ltd v Padarath (AR 128/2009) [2009] ZAKZPHC 74 (8 December 2009)
High Court appeal on magistrates’ court jurisdiction in an insurance claim. The court remitted the matter for evidence on jurisdiction and adjusted the costs order.
Tuinroete Klein Karoo Distriksmunisipaliteit v Lategan en 'n Ander (H62/2001) [2002] ZAWCHC 52; 2003 (2) SA 683 (C) (19 September 2002)
The court held that a written assessment under section 10(2) of the Fire Brigade Services Act was required before suing for fire-service fees.
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