South Africa Case Law

Ditiro Works (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality and Others (B39602/2022)

Ditiro Works (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality and Others (B39602/2022) [2025] ZAGPPHC 490 (14 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

B39602/2022

Judge

HF Oosthuizen

The court found that the delivery of the new combined summons under the same case number did not constitute an irregular step as pleaded by the defendants. The striking out of a combined summons for non-compliance with rule 18 does not terminate the action but merely destroys the defective pleading, allowing the plaintiff to amend or deliver a new pleading. The court order striking out the original summons did not intend to end the action, as evidenced by the costs order. The defendants' argument that the claim was prescribed if a new case number was used was rejected, as prescription would n…

Source excerpt

• Striking Out Of Pleadings
• Irregular Proceedings
• Prescription Act
• Right Of Appearance
• Amendment Of Pleadings

Mthombeni v Two Mountains Burial Services (Pty) Ltd (Leave to Appeal) (3948/2021)

Mthombeni v Two Mountains Burial Services (Pty) Ltd (Leave to Appeal) (3948/2021) [2024] ZALMPPHC 189 (25 November 2024)

Court

Limpopo High Court, Polokwane

Case number

3948/2021

Judge

T Deane

The court found that the applicant failed to meet the threshold for leave to appeal as set out in section 17(1)(a) of the Superior Courts Act. Upon consideration of the grounds of appeal and the arguments presented, the court concluded that there is no reasonable prospect that another court would come to a different conclusion regarding the order upholding the exception and striking out the particulars of claim. The applicant's grounds did not provide a sound or rational basis for success on appeal, and no compelling reasons were demonstrated. Accordingly, leave to appeal was refused.

Source excerpt

• Leave To Appeal
• Exception Application
• Striking Out Of Pleadings
• Costs Award

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92)

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92) [1993] ZASCA 55; 1993 (3) SA 424 (AD); (1 April 1993)

Court

Supreme Court of Appeal

Case number

272/92

Judges

Hoexter, Smalberger, F H Grosskopf, Van Coller, Kriegler

The court held that a wide exemption clause barred a claim for damages arising from negligent or defective workmanship, and upheld the exception.

• Contractual Exemption Clauses
• Fundamental Breach
• Malperformance
• Striking Out Of Pleadings
• Contractual-exemption-clauses
• Fundamental-breach