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South Africa Case Law

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Civil Procedure [2023] ZAWCHC 18

Flentov v Trappler and Others (16925/2021)

Flentov v Trappler and Others (16925/2021) [2023] ZAWCHC 18 (6 February 2023)

The High Court dismissed an application to strike out defamation-related paragraphs pleaded as history and context, finding them relevant and not prejudicial.

  • Striking Out Pleadings
  • Rule 23 Application
  • Relevance Of Evidence
  • Defamation History
  • Strike-out-pleadings
  • Rule-23
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Civil Procedure [2021] ZAGPPHC 485

WAG Investments (Pty) Ltd v Sound Louder (Pty) Ltd and Another (7585/2021)

WAG Investments (Pty) Ltd v Sound Louder (Pty) Ltd and Another (7585/2021) [2021] ZAGPPHC 485 (30 July 2021)

The High Court dismissed an application to strike out a counterclaim for alleged non-compliance with a Magistrates’ Court stay order, finding Rule 30A was not shown to apply.

  • Stay Of Proceedings
  • Rule 30a Application
  • Magistrates Court Jurisdiction
  • Striking Out Pleadings
  • Rule-30a
  • Strike-out-pleadings
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Civil Procedure [2015] ZAFSHC 28

Smit and Others v Phumelela Local Municipality (5185/2011)

Smit and Others v Phumelela Local Municipality (5185/2011) [2015] ZAFSHC 28 (26 January 2015)

The court refused to strike out the defendant’s plea, but ordered it to provide missing documentary proof and granted leave for further particulars. Costs were awarded on an attorney-and-client scale.

  • Request For Further Particulars
  • Striking Out Pleadings
  • Rule 21 And Rule 35
  • Damages Quantification
  • Attorney And Client Costs
  • Request-for-further-particulars
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Civil Procedure [2014] ZALCJHB 230

John v Afrox Oxygen Ltd (JS532/13)

John v Afrox Oxygen Ltd (JS532/13) [2014] ZALCJHB 230 (3 July 2014)

The Labour Court struck out part of a defence that revealed post-dismissal settlement talks, but allowed references to pre-termination separation negotiations.

  • Privilege Of Settlement Negotiations
  • Automatic Unfair Dismissal
  • Striking Out Pleadings
  • Without-prejudice-privilege
  • Strike-out-application
  • Labour-procedure
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Civil Procedure [2013] ZAGPJHC 169

Dream Sets (Pty) Ltd v Strike Productions (Pty) Ltd (2010/38437)

Dream Sets (Pty) Ltd v Strike Productions (Pty) Ltd (2010/38437) [2013] ZAGPJHC 169 (13 June 2013)

High Court costs ruling on interlocutory applications. The court ordered the defendant to pay costs after its non-compliance and unsuccessful opposition.

  • Costs Awards
  • Interlocutory Applications
  • Rule 35 Discovery
  • Striking Out Pleadings
  • Civil-procedure
  • Costs-orders
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.