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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1109

Nzilwane v Passenger Agency of South Africa (10942/2021)

Nzilwane v Passenger Agency of South Africa (10942/2021) [2024] ZAGPJHC 1109 (29 October 2024)

The High Court granted leave to amend a passenger injury claim, finding the objection vague and frivolous and awarding costs of the opposition against the respondent.

  • Amendment Of Pleadings
  • Rule 28 Objection
  • Costs Award
  • Trial Readiness
  • Amendment-of-pleadings
  • Rule-28-objection
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Civil Procedure [2024] ZAGPJHC 913

P.M obo M.M v Nkomo-Ralehoko and Others (2022/23339)

P.M obo M.M v Nkomo-Ralehoko and Others (2022/23339) [2024] ZAGPJHC 913 (10 September 2024)

The High Court removed an urgent contempt and interim-payment application from the roll after finding no urgency, noting a related condonation application was pending.

  • Contempt Of Court
  • Interim Payment
  • Trial Readiness
  • Urgent Application
  • Contempt-of-court
  • Interim-payment
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Civil Procedure [2021] ZAECBHC 38

Tyibilika v Member of the Executive Council for the Department of Health, Eastern Cape Province (579/2013)

Tyibilika v Member of the Executive Council for the Department of Health, Eastern Cape Province (579/2013) [2021] ZAECBHC 38 (30 November 2021)

The court removed a medical-negligence quantum matter from the trial roll and ordered the defendant to pay 80% of the wasted costs.

  • Case Management
  • Amendment Of Pleadings
  • Public Healthcare Defence
  • Wasted Costs
  • Trial Readiness
  • Civil-procedure
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Civil Procedure [2020] ZAGPPHC 464

Sithole v Minister of Police and Another (76865/2019)

Sithole v Minister of Police and Another (76865/2019) [2020] ZAGPPHC 464 (13 August 2020)

High Court review of a magistrate’s postponement was granted. The court set aside the ruling and ordered that a trial date be allocated within ten days.

  • Mandamus
  • Review Of Magistrate Decision
  • Trial Readiness
  • Costs Orders
  • Judicial-review
  • Trial-readiness
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Civil Procedure [2020] ZAGPJHC 161

Munyai v Road Accident Fund; Matsimela v Road Accident Fund; Nyide v Road Accident Fund; Harding v Road Accident Fund; Moss v Road Accident Fund; Makhapela v Road Accident Fund; Koalane v Road Accident Fund; More v Road Accident Fund (2018/44046; 2012/13337; 2017/32542; 2018/36275; 2019/16443; 2019/1055; 2017/33700; 2019/6814)

Munyai v Road Accident Fund; Matsimela v Road Accident Fund; Nyide v Road Accident Fund; Harding v Road Accident Fund; Moss v Road Accident Fund; Makhapela v Road Accident Fund; Koalane v Road Accident Fund; More v Road Accident Fund (2018/44046; 2012/13337; 2017/32542; 2018/36275; 2019/16443; 2019/1055; 2017/33700; 2019/6814) [2020] ZAGPJHC 161; 2021 (1) SA 258 (GJ) (29 June 2020)

The court reviewed several interlocutory RAF matters, stressing strict compliance with procedural rules before compelling discovery or expert reports.

  • Rule 36 Expert Evidence
  • Rule 35 Discovery
  • Interlocutory Relief
  • Case Management
  • Trial Readiness
  • Interlocutory-relief
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Civil Procedure [2019] ZAECPEHC 75

Mgweba v Road Accident Fund (3385/2016)

Mgweba v Road Accident Fund (3385/2016) [2019] ZAECPEHC 75 (4 November 2019)

The court found the matter was not trial-ready because the HPCSA injury finding did not match the pleaded and RAF4-listed injuries, and removed it from the trial roll.

  • Trial Readiness
  • Road Accident Fund Act
  • Serious Injury Assessment
  • Raf4 Report
  • Administrative Error
  • Road-accident-fund
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