Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
ABSA Bank v Murray (EL 1130/2013) [2025] ZAECELLC 2 (4 February 2025)
The court set aside an amended plea as irregular for failing to follow Uniform Rule 28, and directed the plaintiff to regularise its pleadings first.
Moodliyar and Bedhesi Attorneys v Y.M and Another (A2024/016195) [2024] ZAGPJHC 1288 (13 December 2024)
The court held that the amendment to the particulars of claim, which cited the respondents in their representative capacities as guardians of the minor child, amounted to the introduction of new parties to the proceedings. The original summons cited the respondents only in their personal capacities, and individuals in personal and representative capacities are legally distinct. The process did not communicate an intention to claim against the respondents in their representative capacities, and thus section 15(1) of the Prescription Act did not interrupt prescription for those capacities. The…
Source excerpt
National Community Radio Forum v Member of the Executive Council for the Department of Education Limpopo and Another (3247/2020) [2024] ZALMPPHC 79 (31 July 2024)
The court held that Uniform Rule 28 is generally permissive of amendments to pleadings, provided that no unmitigable prejudice is caused to the opposing party. The proposed amendment did not introduce a new cause of action but clarified and expanded on the existing contractual dispute. The first respondent failed to substantiate any claim of prejudice beyond mere allegations, and the stage of proceedings was still at the pleading phase, where amendments are less likely to cause irreparable harm. The court found no evidence of bad faith or injustice and determined that any potential prejudice…
Source excerpt
Siyakhula Sonke Empowerment Corporation Proprietary Limited and Another v Redpath Africa Limited (55896/2021) [2024] ZAGPJHC 475 (8 May 2024)
The court held that the applicant's amendment to include cancellation relief based on alleged repudiation of the agreement is permissible under Uniform Rule 28. The relief sought is based on new facts that arose after the original application and does not amount to inconsistent remedies, as the applicant seeks cancellation and enforcement in the alternative. The respondents' claims of prejudice are unfounded, as the amendment was sought before judgment and the law allows amendments at any stage prior to finalization. The interests of justice require that all disputes between the parties be ve…
Source excerpt
Pillay v Discovery Health (Pty) Limited and Another (8926/2018) [2023] ZAKZDHC 44 (19 July 2023)
The court dismissed the plaintiff’s claim against the second defendant after finding non-compliance with an earlier order to amend the particulars of claim.
Essence Lading CC v Infiniti Insurance Ltd Mediterranean Shipping Company (Pty) Ltd (2022/4024) [2023] ZAGPJHC 676; [2023] 3 All SA 410 (GJ); 2024 (2) SA 407 (GJ) (9 June 2023)
The High Court held that a wrong-defendant citation could not be fixed by Rule 28 without proper notice to the new party, and dismissed the amendment application.
Julius v Namaqua Wines (Pty) Ltd and Another (5399 / 2012) [2023] ZAWCHC 98 (9 May 2023)
The High Court postponed an amendment application because the company said to be the true debtor was not joined and had not been given notice.
Miller NO and Others v Ramsammy (21/27354) [2023] ZAGPJHC 1104 (15 March 2023)
The court held that the applicants' proposed amendment to the notice of motion was neither excipiable nor prejudicial to the respondent. The amendment was sought as a precautionary measure in response to the respondent's assertion regarding the absence of an invoice, and did not alter the nature of the dispute or disadvantage the respondent. The respondent's arguments regarding excipiability and prescription were found to be without merit, as the issue of the invoice was raised only in the answering affidavit and not anticipated by the applicants. The court found that any prejudice claimed by…
Source excerpt
Rabie v Cotterell N.O and Others (813/2017) [2023] ZAECELLC 1 (31 January 2023)
The High Court granted a trial postponement after defendants sought to amend their plea, but ordered them to pay the resulting costs on an attorney-and-client scale.
Mohokare Local Municipality v Ngxito and Another (1391/2019) [2022] ZAFSHC 169 (14 July 2022)
The High Court held that a notice of amendment was an irregular step because it did not comply with Rule 28 and did not validly follow the prior court order.
Explore more
