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South Africa Case Law

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Civil Procedure [2014] ZAGPPHC 292

Mc Welthagen Transport (Pty) Ltd v Pride Milling CO (Pty) Ltd (A765/2013)

Mc Welthagen Transport (Pty) Ltd v Pride Milling CO (Pty) Ltd (A765/2013) [2014] ZAGPPHC 292 (25 April 2014)

Court
North Gauteng High Court, Pretoria
Case number
A765/2013
Judges
MX Phatudi, CP Rabie

The court held that the appellant's claims for monthly payments arose from separate causes of action, each based on distinct services rendered at the respondent's request during different periods. The contractual arrangement provided for payment at the end of each month for services performed in that month, and each transaction established a separate debt. The magistrate's reliance on the payment method as determinative of the cause of action was a misdirection. Section 40 of the Magistrates Court Act prohibits splitting a single substantive claim to evade jurisdictional limits, but does not…

Source excerpt

  • Splitting Of Claims
  • Magistrates Court Jurisdiction
  • Multiple Causes Of Action
  • Contractual Debt
  • Monthly Statements
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Labour Law [2011] ZALCJHB 255

Choice Decisions 1225 CC t/a Fastlink Transport and Another v Ontlwaetse and Another (J2418/08; J2389/08; J2390/08)

Choice Decisions 1225 CC t/a Fastlink Transport and Another v Ontlwaetse and Another (J2418/08; J2389/08; J2390/08) [2011] ZALCJHB 255 (30 September 2011)

Court
Labour Court Johannesburg
Case number
J2418/08; J2389/08; J2390/08
Judge
AC Basson

The Court found that the default judgments and cost orders were erroneously granted due to the respondents' failure to disclose material facts, including the settlement agreement and the certificate of service, which were in their possession. The splitting of claims and forum shopping by Jansens Incorporated constituted an abuse of process intended to maximize costs. The applicants provided a reasonable explanation for the delay in bringing the rescission application, and the merits overwhelmingly favored rescission. The Labour Court was not the appropriate forum for enforcement of statutory…

Source excerpt

  • Rescission Of Judgment
  • Condonation
  • Abuse Of Process
  • Costs De Bonis Propriis
  • Certificate Of Service
  • Splitting Of Claims
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Civil Procedure [2002] ZASCA 104

Jansen Van Der Merwe v Nedcor Bank Bpk (430/2001)

Jansen Van Der Merwe v Nedcor Bank Bpk (430/2001) [2002] ZASCA 104; 2003 (1) SA 169 (SCA) (13 September 2002)

Court
Supreme Court of Appeal
Case number
430/2001
Judges
Vivier, Harms, Farlam, Cameron, Brand

The Supreme Court of Appeal held that the cession relied upon by Van der Merwe was invalid because it constituted an impermissible splitting of a single claim without the consent of the debtor, Nedcor. The arrangement aggravated Nedcor's position by exposing it to multiple claims regarding the same underlying debt. The court rejected the argument that Van der Merwe could validly contract with himself in this context, but clarified that the main reason for dismissing the appeal was the invalidity of the cession due to the prohibition on splitting claims. As a result, Van der Merwe had no valid…

Source excerpt

  • Cession Of Claims
  • Splitting Of Claims
  • Default Judgment
  • Rescission Application
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.