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South Africa decisions
Decisions matching the current search
Anthony Wilton Thinane Incorporated v Ralebipi (17185/2017) [2025] ZAGPJHC 553 (9 June 2025)
The High Court partially rescinded an order striking out a law firm’s defence, finding that the sanction was erroneously granted and reinstating the plea.
Simon Says Advertising (Pty) Ltd v KG Family Holdings (Pty) Ltd (2085/2019) [2024] ZAECQBHC 71 (29 November 2024)
The court ordered the defendant to furnish trial particulars by 3 December 2024, failing which it must show cause why its plea should not be struck out.
Minister of Police v Michillies (1011/2020) [2023] ZANWHC 90 (22 June 2023)
The court found that the order striking out the defendant's plea was a drastic measure that deprived the defendant of the opportunity to present its case and was granted in the absence of the defendant, without proper judicial consideration of the circumstances. The court held that condonation for the late filing of the rescission application should be granted, as the interests of justice require that both parties have the opportunity to be heard and that the matter be resolved on its merits. The court relied on Rule 35(7) and relevant case law to conclude that the striking out of a defence s…
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Bruwer v Free State Curtain Parlour CC (A39/2022) [2023] ZAFSHC 38 (17 February 2023)
The High Court dismissed an appeal against an order striking out a plea and refusing amendment after the appellant failed to comply with a prior order for further particulars.
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