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South Africa decisions
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M.G.K v M.J.K (2024/074608) [2025] ZAGPPHC 535 (23 May 2025)
The High Court dismissed an application to compel discovery under Rule 35(14), holding the requested documents were not shown to be essential for pleading.
Spectrum Logistics (Pty) Ltd v Karoo Treats CC t/a JFM Logistics (1447/2022) [2025] ZAECQBHC 3 (18 February 2025)
The court dismissed a discovery and further-particulars application, finding the requested documents vague, overbroad, and not shown to be relevant or strictly necessary.
Ewels v Francis and Others (6497/2022) [2024] ZAWCHC 384 (21 November 2024)
The court found that the First Defendant failed to establish a reasonable basis for the existence of the documents sought in the Rule 35(3) notice. The requests were overbroad, vague, and lacked the required specificity and relevance to the pleaded issues. The Plaintiff had already discovered all documents in his possession relevant to the dispute, and his affidavit to that effect was accepted as conclusive. The court held that the discovery process is not intended to enable fishing expeditions or to compel parties to undertake the impossible. Requests for documents relating to the Plaintiff'…
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Gridline Construction (Pty) Ltd v City of Johannesburg and Others (2024/076060) [2024] ZAGPJHC 938 (19 September 2024)
The court allowed discovery in an electricity charge dispute, finding exceptional circumstances and ordering production of job cards used to record meter readings.
Africa Wide Investment Holdings (Pty) Limited v Miganu Investment Holdings (Pty) Limited (8279/2019) [2024] ZAGPJHC 518 (30 May 2024)
The High Court ordered discovery under Rule 35 and rejected a bid to defer it, finding no exceptional circumstances. The respondent’s striking out application also failed.
Ubuntu Chicken Products (Pty) Ltd and Another v First Rand Bank Ltd t/a First National Bank (5036/2021) [2024] ZAFSHC 38 (13 February 2024)
The court found that the defendants failed to plead material facts supporting their entitlement to a hiatus from payment obligations or the existence of a government guarantee. Their plea did not comply with Rule 18(6), as it lacked particulars of the alleged contract, its parties, and terms. The relevance of documents for discovery is determined by the pleadings, and absent a triable issue, there is no matter in question to which the requested documents relate. The defendants cannot use discovery to search for facts to support a defence not properly pleaded. Allowing the application would am…
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Endress and Hauser (Pty) Ltd v Zamangwane (Pty) Ltd t/a ZMG-Watech (236/2021) [2024] ZAMPMBHC 6 (23 January 2024)
The court compelled discovery of three categories of documents under Rule 35(3), rejected unproven privilege over one set, and awarded attorney-and-client costs.
Amalgamated Beverage Industries v Mkhondo Transport CC t/a MLP Tembisa North and Another (31092/14) [2023] ZAGPPHC 616 (2 August 2023)
The High Court compelled further discovery under Rule 35(3), holding that a party must state where requested documents are, or clearly say it does not know.
Liberty Group Limited v Clark (43012/2018) [2023] ZAGPJHC 851 (1 August 2023)
The court dismissed an application to compel further discovery under Uniform Rule 35, finding the plaintiff had adequately responded and the discovery affidavit was conclusive.
Isaacs v Mangera Attorneys (2021/51099) [2023] ZAGPJHC 785 (12 July 2023)
Discovery application dismissed: the requested trust-account recipient details were held irrelevant to the pleaded issues, and costs followed the result.
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