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South Africa decisions
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N.N obo N.S.L v MEC for Health, KwaZulu-Natal (3463/2017P) [2025] ZAKZPHC 50 (7 May 2025)
The High Court dismissed an application to amend particulars of claim in a medical-negligence action, finding the amendment mala fide and unsupported by a triable issue.
CSS RSA International (Pty) Ltd v Busicor 201 CC (4119/2023) [2024] ZAMPMHC 67 (9 December 2024)
The court found that the respondent raised genuine disputes of fact regarding the terms of the oral agreement, specifically whether payment to the applicant was conditional upon the respondent receiving payment from third parties and whether a commission was due. These disputes are incapable of resolution on the papers and require oral evidence at trial. The respondent's defence is bona fide and good in law, satisfying the requirements for resisting summary judgment under rule 32. Granting summary judgment would deny the respondent access to court, contrary to section 34 of the Constitution.…
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White v Fluorovizion Holdings (Pty) Limited (048096/2022) [2024] ZAGPJHC 1073 (21 October 2024)
The High Court rescinded a default judgment after finding the defendant had disclosed a bona fide defence, despite questionable default, in a share-sale dispute.
Nedbank Limited v Sithole (032118/2022) [2024] ZAGPPHC 59 (2 February 2024)
The court found that the defendant raised bona fide triable issues regarding the applicability of the Consumer Protection Act to the goods sold under a credit agreement governed by the National Credit Act. The plaintiff, as a bank, cannot evade responsibility for the condition of the vehicle by referring the defendant to the dealership, as the bank acts both as seller and credit provider in such transactions. The defendant’s allegations of misrepresentation and defective goods, supported by evidence of prior accident damage, constitute a defence that should be tested at trial. Accordingly, su…
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Momentum Group Limited v Moothsamy [2023] ZAGPPHC 507; 56511/2012 (5 July 2023)
The court allowed an amendment to a plea in a life-policy dispute, holding the changes clarified existing denials and did not amount to bad-faith delay.
Mallett v Firstrand Bank Ltd t/a First National Bank and Others (A128/2022) [2023] ZAFSHC 228 (7 June 2023)
The High Court upheld an appeal against summary judgment, finding the appellant raised triable issues about signing a suretyship and the bank’s proof.
Tsihlas v S J Van Den Berg Attorneys (Leave to Appeal) [2023] ZAGPPHC 311; 39721/2021 (3 May 2023)
The High Court granted leave to appeal against summary judgment, finding arguable issues on estoppel, an intended counterclaim, and disputes of fact.
Gauteng Refinery (PTY) Ltd v Eloff (A3005/2021) [2022] ZAGPJHC 739; 2023 (2) SA 223 (GJ) (2 September 2022)
High Court appeal on summary judgment and counterclaim. The court held that failure to explain a counterclaim in the affidavit was not fatally defective.
Adapt It (Pty) Ltd v Landis + GYR (Pty) Ltd (23576/2020) [2021] ZAGPPHC 385 (4 June 2021)
High Court summary judgment matter on a services contract: claim 1 succeeded, while claims for damages and future loss were left to trial.
Tudor Engineering and Draughting CC v Fortitude Technology Group (PTY) Ltd and Another (27017/18) [2018] ZAGPPHC 681 (21 September 2018)
The High Court refused summary judgment after finding the second defendant raised a bona fide defence based on an alleged later oral payment agreement.
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