Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)
Court
Kwazulu-Natal High Court, Durban
Case number
D8288/2024
Judge
Olsen J
The High Court upheld exceptions to a prolix particulars of claim in a commission dispute, finding the plaintiffs had not clearly pleaded a cause of action or joint liability.
Harambe Technologies (Pty) Ltd v Sentech SOC Ltd (2023/058224) [2024] ZAGPJHC 1162 (7 November 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/058224
Judge
JC Uys
The court found that Sentech failed to provide proper and adequate reasons for its administrative decisions as required by PAJA and Rule 53(1)(b). The documents attached to Sentech's affidavit did not constitute sufficient reasons, and the hearsay evidence provided by Sentech's legal practitioner was disregarded. Harambe's application to compel reasons under Rule 30A was granted, as Sentech was obliged to provide reasons in terms of section 5(1) of PAJA. The striking out application was dismissed as the hearsay evidence was disregarded without the need for a formal order. Sentech's applicatio…
Thabazimbi Air Compressors v ACDC Winding (Pty) Ltd (39556/20) [2024] ZAGPPHC 781 (8 August 2024)
Court
North Gauteng High Court, Pretoria
Case number
39556/20
Judge
Kekana
The High Court granted an application to strike out a respondent’s answering affidavit for persistent non-compliance with rules and a court order, with attorney-and-client costs.
Media 24 Holdings (Pty) Ltd v ABM College SA (Pty) Ltd and Another (4215/2020) [2023] ZAGPJHC 1413 (6 December 2023)
Court
South Gauteng High Court, Johannesburg
Case number
4215/2020
Judge
Salmon AJ
The court postponed a dismissal application in a defamation-related pleading dispute, holding it was premature while a condonation application remained pending.
Moodley v Van Den Heever NO and Another (55974/2021) [2023] ZAGPJHC 1193 (20 October 2023)
Court
South Gauteng High Court, Johannesburg
Case number
55974/2021
Judge
S C Mia
Leave to appeal was refused after the court found no reasonable prospects of success on striking-out, privilege, or close corporation membership issues.
HR Focus CC v Commissioner for the South African Revenue Service (1121/2020) [2023] ZAECMKHC 111 (17 October 2023)
Court
Eastern Cape High Court, Makhanda
Case number
1121/2020
Judge
Laing
The High Court struck out a late supplementary affidavit in a tax refund dispute, finding it mixed reply with new founding matter and was filed prematurely.
Deschaney Investments (Pty) Ltd v Ardain Commercial CC (1307/2021) [2023] ZAKZDHC 29 (31 May 2023)
Court
Kwazulu-Natal High Court, Durban
Case number
1307/2021
Judge
Msiwa
The court found that the applicant failed to provide a reasonable and satisfactory explanation for the late filing of the notice to strike out. The mutual relaxation of timeframes between the parties does not override the mandatory requirements of the court's rules. The court emphasized that parties must comply with the rules once litigation is before the court, and private arrangements cannot substitute for procedural compliance. The interlocutory application was deemed to amount to piecemeal litigation, as the issue of irrelevance could be raised during the main trial. The applicant did not…
Commissioner for the South African Revenue Service v Poulter In re: Poulter v Commissioner for the South African Revenue Service (A74/2021) [2022] ZAWCHC 206 (25 October 2022)
Court
Western Cape High Court, Cape Town
Case number
A74/2021
Judges
Binns-Ward, Sher, Mangcu-Lockwood
The court held that Mr van der Merwe, not being a legal practitioner, had no right to represent Ms Poulter in the High Court or intervene in the proceedings. The notice of appeal and condonation application were invalid as they were not signed by Ms Poulter or a qualified attorney, contrary to the Uniform Rules. The explanation for the delay in filing the notice of appeal was unsatisfactory, and the appeal had no prospects of success, as the orders relating to representation were not appealable and the costs order did not present exceptional circumstances. The court partially granted the appl…
Odendaal Erasmus & Thulare Inc and Others v Special Investigation Unit (33867/2017) [2022] ZAGPPHC 636 (23 August 2022)
Court
North Gauteng High Court, Pretoria
Case number
33867/2017
Judge
D S Fourie
The High Court held that the SIU’s amended particulars of claim cured earlier pleading defects and were not vague or embarrassing, dismissing the strike-out application.
