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Eskom Holding SOC Limited v Santam Limited and Another (2021/51709; 2023/104516) [2025] ZAGPJHC 725 (21 June 2025)
The High Court granted separation of issues, directing that prescription, time bar, and invalid payment certificate special pleas be heard separately.
Axton Matrix Construction CC v Roads Agency SOC Limited and Another (HCAA 05/2021) [2022] ZALMPPHC 5 (18 January 2022)
The court held that the order refusing separation of issues under Rule 33(4) was appealable, as the court a quo had decided the merits of the special pleas and denied the appellant the opportunity to present further evidence. However, the court found that the facts and claims between the parties, including contractual and delictual claims, were interwoven and could not be conveniently separated. The determination of the special pleas would not dispose of the entire dispute, as the delictual claim would remain. The overriding consideration is the convenience, appropriateness, and fairness to a…
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