South Africa Case Law

Calculus Engineering and Project Management (Pty) Ltd v WBHO Construction (Pty) Ltd and Others (3396/2022)

Calculus Engineering and Project Management (Pty) Ltd v WBHO Construction (Pty) Ltd and Others (3396/2022) [2024] ZAECQBHC 68 (17 October 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3396/2022

Judge

B.B. Brody

The court found that the order granted on 21 September 2023 was procedurally irregular and erroneously granted in the absence of Calculus Engineering and Project Management (Pty) Ltd, who was not properly cited as a third party. The Consortium, not being a legal entity, could not be sued in its own name, and all members should have been cited individually. The joint and several liability order was not appropriate, as the claims against the parties were based on different contracts and not delict. The procedural defects in the third-party notice and the absence of proper citation and notice to…

Source excerpt

• Rescission Of Judgment
• Third Party Joinder
• Uniform Rule 42
• Non Joinder
• Joint And Several Liability

Amakhaza Moia (Pty) Ltd v Government Employees Pension Fund (2020/15023)

Amakhaza Moia (Pty) Ltd v Government Employees Pension Fund (2020/15023) [2024] ZAGPJHC 702 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/15023

Judge

Ford

The High Court held that a third party notice may be issued against a party already before court, and that an affidavit can serve as the notice under Rule 13.

• Third Party Joinder
• Uniform Rule 13
• Irregular Step Application
• Civil-procedure
• Third-party-joinder
• Uniform-rule-13

Member of the Executive Council for Public Works, Roads and Transport Mpumalanga Province v D.B and Others (860/2017)

Member of the Executive Council for Public Works, Roads and Transport Mpumalanga Province v D.B and Others (860/2017) [2022] ZAMPMBHC 77 (12 October 2022)

Court

Mbombela High Court, Mpumalanga

Case number

860/2017

Judge

Mashile

The High Court allowed the MEC to file a late counterclaim and late third-party notice, finding a reasonable explanation for delay and granting costs.

• Counterclaim Late Filing
• Apportionment Of Damages Act
• Loss Of Support
• Third Party Joinder
• Prescription
• Unjust Enrichment

Gobi Holdings Limted v Fairbridge Arderne and Lawton Incorporated t/a Fairbridges Wertheim Becker and Another (2019/12696)

Gobi Holdings Limted v Fairbridge Arderne and Lawton Incorporated t/a Fairbridges Wertheim Becker and Another (2019/12696) [2020] ZAGPJHC 167 (19 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2019/12696

Judge

Siwendu

The High Court upheld exceptions to a third party notice, holding that the pleaded claim against the third party attorneys disclosed no valid cause of action.

• Third Party Joinder
• Apportionment Of Damages Act
• Stakeholder Liability
• Negligence
• Breach Of Mandate
• Third-party-joinder

BASF Construction Chemicals South Africa (Pty) Ltd v CLF Concrete Laser Flooring (Pty) Ltd; In re: CLF Concrete Laser Flooring (Pty) Ltd v Urochem Trading (Pty) Ltd (38287/2012)

BASF Construction Chemicals South Africa (Pty) Ltd v CLF Concrete Laser Flooring (Pty) Ltd; In re: CLF Concrete Laser Flooring (Pty) Ltd v Urochem Trading (Pty) Ltd (38287/2012) [2016] ZAGPJHC 40 (11 March 2016)

Court

South Gauteng High Court, Johannesburg

Case number

38287/2012

Judge

Van der Linde

The High Court granted leave to serve a third-party notice after pleadings closed, finding standing, excusing delay, rejecting prescription, and allowing joinder.

• Third Party Joinder
• Rule 13 Application
• Delay In Application
• Prescription
• Costs Order
• Third-party-joinder

Alexander Forbes Financial Services (Pty) Ltd v Mitchell Cotts Pension Fund and Others In re: Mitchell Cotts Pension Fund and Others v Alexander Forbes Financial Services (Pty) Ltd (08/7872)

Alexander Forbes Financial Services (Pty) Ltd v Mitchell Cotts Pension Fund and Others In re: Mitchell Cotts Pension Fund and Others v Alexander Forbes Financial Services (Pty) Ltd (08/7872) [2009] ZAGPJHC 67 (13 November 2009)

Court

South Gauteng High Court, Johannesburg

Case number

08/7872

Judge

J F Roos

High Court dismissed applications to compel further particulars, compel discovery, and join third parties out of time, finding inadequate grounds and no prima facie case.

• Rule 21 Further Particulars
• Rule 35 Discovery
• Third Party Joinder
• Apportionment Of Damages Act
• Joint Wrongdoers
• Costs Orders

YourTrade 26 CC v MEC: Department of Health: Northern Cape and Another (1450/2006)

YourTrade 26 CC v MEC: Department of Health: Northern Cape and Another (1450/2006) [2006] ZANCHC 54 (3 November 2006)

Court

Northern Cape High Court, Kimberley

Case number

1450/2006

Judge

Olivier

The court found that the defendant's claims against the third party were entirely contingent upon future findings regarding ownership of the shelves and would only arise if the court found in favour of the plaintiff. Rule 13 does not permit joinder of a third party on the basis of a cause of action that has not yet vested. The only issue presently relevant between the defendant and the third party is ownership, and any claim for damages or restitution would only arise after an adverse finding. The court held that the defendant should have joined the third party for a declaratory order on owne…

Source excerpt

• Third Party Joinder
• Rule 13 Amendment
• Misrepresentation
• Damages
• Warranty Against Eviction

Mgcina v Attorneys Insurance Indemnity Fund and Others (03/27289)

Mgcina v Attorneys Insurance Indemnity Fund and Others (03/27289) [2005] ZAGPHC 382 (24 August 2005)

Court

High Courts - Gauteng

Case number

03/27289

Judge

P.A. Meyer

High Court found the insured driver negligent in a collision involving an eight-year-old pedestrian, held the child was not culpae capax, and dismissed the counterclaim and joinder.

• Negligence
• Culpae Incapax
• Road Accident Fund
• Apportionment Of Liability
• Third Party Joinder
• Culpae-incapax