South Africa Case Law

Mjila and Partners Inc and Another v Carospan (Pty) Ltd t/a Nashua Kimberley (1264/23)

Mjila and Partners Inc and Another v Carospan (Pty) Ltd t/a Nashua Kimberley (1264/23) [2025] ZANCHC 71 (8 August 2025)

Court

Northern Cape High Court, Kimberley

Case number

1264/23

Judge

Olivier AJ

The court found that the applicants failed to provide a proper and sufficient explanation for their default in filing a plea, both before and after the second notice of bar. The applicants confused the events surrounding the first and second notices of bar and did not clarify the alleged oversight or their belief that they were still engaged in Rule 28 proceedings. The correspondence relied upon did not substantiate their explanation. The applicants did not provide details of their intended defence or annex a draft plea, making it impossible for the court to assess prospects of success. The c…

Source excerpt

• Uplifting Of Bar
• Condonation For Late Plea
• Uniform Rules Of Court
• Good Cause Requirement

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021)

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021) [2025] ZAWCHC 316 (30 July 2025)

Court

Western Cape High Court, Cape Town

Case number

18103/2021

Judge

LekhULENI

High Court stay of execution granted pending leave to appeal, after respondents refused an undertaking and executed a warrant against the applicant.

• Stay Of Execution
• Leave To Appeal
• Costs Order
• Superior Courts Act
• Uniform Rules Of Court
• Stay-of-execution

Sogika Consulting Engineers CC v Mamusa Local Municipality (Leave to Appeal) (UM180/2023)

Sogika Consulting Engineers CC v Mamusa Local Municipality (Leave to Appeal) (UM180/2023) [2025] ZANWHC 128 (25 July 2025)

Court

North West High Court, Mafikeng

Case number

UM180/2023

Judge

R D Hendricks

Leave to appeal was refused because Mamusa Local Municipality showed no reasonable prospects of success or other compelling reason under section 17(1)(a).

• Leave To Appeal
• Superior Court Act
• Uniform Rules Of Court
• Costs Award
• Leave-to-appeal
• Superior-court-act

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (Leave to Appeal) (098393/2023)

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (Leave to Appeal) (098393/2023) [2025] ZAGPPHC 734 (24 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

098393/2023

Judge

G N Moshoana

The High Court refused leave to appeal, found no reasonable prospects of success, and varied a costs order to remove an incorrect reference to two counsel.

• Leave To Appeal
• Costs Orders
• Variation Of Orders
• Superior Courts Act
• Uniform Rules Of Court
• Leave-to-appeal

Engelbrecht v Attooh Consulting Services Holdings (Pty) Ltd and Others (31915/2021)

Engelbrecht v Attooh Consulting Services Holdings (Pty) Ltd and Others (31915/2021) [2025] ZAGPPHC 732 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

31915/2021

Judge

E van der Schyff

The High Court dismissed an unopposed costs application, holding that Rule 28(9) already regulates costs for a notice of intention to amend.

• Uniform Rules Of Court
• Rule 28 Amendment
• Costs Liability
• Notice Of Intention To Amend
• Civil-procedure
• Uniform-rules-of-court

N.S v A.D (2022/257)

N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/257

Judge

LANGE

The High Court dealt with a Rule 30/30A challenge, set aside an irregular notice of motion, struck out an improper paragraph, and granted leave for a supplementary affidavit.

• Uniform Rules Of Court
• Irregular Proceedings
• Condonation
• Costs Orders
• Amendment Of Pleadings
• Rule-30a

Sibanye Still Water N.O and Others v Xinshe (M98/2022)

Sibanye Still Water N.O and Others v Xinshe (M98/2022) [2025] ZANWHC 102 (17 June 2025)

Court

North West High Court, Mafikeng

Case number

M98/2022

Judge

T Masike

The High Court held that a request for written reasons was filed late under Rule 49(1)(c) and could not be entertained without consent or condonation.

• Security For Costs
• Late Filing
• Condonation
• Uniform Rules Of Court
• Rule 49
• Rule 27

Nedbank Limited v Civil Home Construction Group CC and Others (004671/2023)

Nedbank Limited v Civil Home Construction Group CC and Others (004671/2023) [2025] ZAGPPHC 578 (6 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

004671/2023

Judge

Ellis

The High Court held that Nedbank failed to comply with Rule 18(1) when its summons was signed by an unauthorised person, and awarded costs to the applicants.

• Uniform Rules Of Court
• Right Of Appearance
• Non Compliance With Rules
• Attorney Authorisation
• Civil-procedure
• Uniform-rules-of-court

Malas (Pty) Ltd v Mossie and Others (15196/21)

Malas (Pty) Ltd v Mossie and Others (15196/21) [2025] ZAGPPHC 570 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

15196/21

Judge

GC Wright

The High Court rescinded a default judgment after finding Malas was not properly served with key papers and had not shown knowledge of the order.

• Rescission Of Default Judgment
• Service Of Process
• Uniform Rules Of Court
• Practice Direction
• Imputation Of Knowledge
• Rescission-of-default-judgment

ABSA Bank Limited v Kebeni and Another (19782/2012)

ABSA Bank Limited v Kebeni and Another (19782/2012) [2025] ZAWCHC 315 (28 May 2025)

Court

Western Cape High Court, Cape Town

Case number

19782/2012

Judge

Mangcu-Lockwood

The High Court relaxed res judicata after abandonment of an earlier execution order, granted a fresh Rule 46A execution order with reserve price, and dismissed a constitutional challenge.

• Execution Of Judgments
• Res Judicata
• Uniform Rules Of Court
• Reserve Price In Execution
• Constitutional Mootness
• Civil-procedure