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South Africa decisions
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H.F v I.Z (2022-058317) [2024] ZAGPJHC 239 (4 March 2024)
Rule 43 relief was granted for spousal and child maintenance, medical aid cover, and school-related expenses. A costs contribution and strike-out application were dismissed.
Kubupay (Pty) Ltd v Mayibuye Transport Corporation (EL1203/2022) [2023] ZAECELLC 21 (27 July 2023)
The court found that the plaintiff's application to strike out was not the correct procedure for addressing the alleged irregularity in the defendant's plea. The plaintiff's complaint related to a failure to comply with Rule 18(6), which is an irregularity of form rather than substance. The appropriate remedy for such irregularity is to invoke Rule 30, not Rule 23(2). The court held that applications under Rule 23(2) are interlocutory and do not require affidavits, and that the plaintiff's application was procedurally competent. However, the court declined to make a finding on whether the def…
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Van Den Heever NO and Another v Moodley (55974/2021) [2023] ZAGPJHC 261 (13 March 2023)
The court found that the disputed paragraphs and annexures in the respondent's affidavit were privileged communications arising from without prejudice settlement negotiations and were irrelevant to the determination of membership in Co-Props 1099 CC. The evidence established that Draharama Lingum Moodley was the sole member of Co-Props since August 1997, as he alone contributed financially, managed all affairs of the close corporation, and utilized the property for his own benefit. The respondent's claim to membership was unsupported by any substantive participation or financial contribution…
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Doola v Firtsrand Bank Ltd trading inter alia as RNB Private Bank and as FNB (2020/13723) [2022] ZAGPJHC 837 (27 October 2022)
The court held that Rule 35(12) requires discovery only of documents referred to in pleadings or affidavits that are relevant to the dispute, not privileged, and in the possession of the party. The applicant's broad demand for documents, including those not referred to or irrelevant, was not supported by the rule. The application to strike out portions of the respondent's affidavit was dismissed as the paragraphs were relevant and no prejudice was alleged or shown. The applicant's conduct in persisting with inappropriate discovery requests and disputing the authority of the deponent without b…
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Yazbeek and Another v du Plessis and Others (2170/2020) [2020] ZAECGHC 147 (1 December 2020)
The court found that both applicants are entitled to interim maintenance from the second respondent, who is a nearer relative with substantial means. The first applicant has locus standi to claim maintenance for the minor child, as he is a co-holder of parental rights and guardianship. The quantum of maintenance was assessed based on reasonable necessities, with certain claimed expenses excluded. The minor child's entitlement to support was upheld, and criticisms of her expenses were rejected given the second respondent's financial position. The application to strike out irrelevant and prejud…
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Minister of Defence and Military Veterans and Another v Zeal Health Innovations (Pty) Ltd (77188/2015) [2019] ZAGPPHC 1066 (12 September 2019)
The High Court dismissed a Rule 30 challenge to amended pages and refused a Rule 6(15) strike-out application, ordering the applicants to pay costs.
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