South Africa Case Law

Western Reefs Primary School v Erasmus Jooste Inc (CIV APP FB 19/2023)

Western Reefs Primary School v Erasmus Jooste Inc (CIV APP FB 19/2023) [2025] ZANWHC 39 (21 February 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 19/2023

Judges

Petersen, Reid, Mfenyana

The court found that Erasmus Jooste Inc, as a firm of attorneys, failed to provide a reasonable and sufficient explanation for the delay in prosecuting the appeal. The misunderstanding regarding the need for a transcript was not justifiable for a professional litigant. The delay was substantial, and the explanation was weak, especially given the value of the claim and the expectation of diligence from attorneys. The documents required by the discovery order were not produced, and the claim was properly struck out. The interests of justice and the need for finality in litigation outweighed any…

Source excerpt

• Condonation For Late Appeal
• Reinstatement Of Lapsed Appeal
• Discovery And Document Production
• Striking Out Of Claim
• Attorney Client Fees

Giannakis v Sithole (2020/17987)

Giannakis v Sithole (2020/17987) [2024] ZAGPJHC 1021 (9 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/17987

Judge

E Eksteen

The court found that the respondent's delay in filing her declaration was not reckless or intentional, but rather the result of lack of legal representation and financial constraints following her attorneys' withdrawal. The respondent, a lay person, did not appreciate the consequences of non-compliance with the March 2021 order. The declaration attached to her affidavit evidenced her bona fide intention to proceed. The applicant had accepted Mr Buku’s late declaration, which was on par with the respondent’s, negating any prejudice to the applicant or the court. The interests of justice requir…

Source excerpt

• Condonation
• Upliftment Of Bar
• Striking Out Of Claim
• Executor Locus Standi
• Sale Of Immovable Property

Orthotouch (Pty) Ltd v Delta Property Fund Limited (42987/2019)

Orthotouch (Pty) Ltd v Delta Property Fund Limited (42987/2019) [2021] ZAGPJHC 123 (19 April 2021)

Court

South Gauteng High Court, Johannesburg

Case number

42987/2019

Judge

N.E Nkosi

The High Court dismissed an application to uplift a notice of bar, finding repeated non-compliance, no reasonable explanation for delay, and prejudice to the respondent.

• Condonation
• Notice Of Bar
• Amendment Of Pleadings
• Striking Out Of Claim
• Notice-of-bar
• Amendment-of-pleadings

Bushbuckridge Municipality v Hwali Business Enterprise CC (84119/2014)

Bushbuckridge Municipality v Hwali Business Enterprise CC (84119/2014) [2017] ZAGPPHC 363 (30 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

84119/2014

Judge

Tolmay

The High Court dismissed an application to strike out a claim for failure to produce a non-existent written agreement, and awarded attorney-and-client costs.

• Discovery Of Documents
• Rule 35
• Striking Out Of Claim
• Oral Extension Of Contract
• Civil-procedure
• Discovery-of-documents