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South Africa decisions
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Tracexpress (Pty) Ltd v Xsun Transport (Pty) Ltd (5553/2023) [2024] ZAMPMBHC 46 (9 July 2024)
The High Court upheld exceptions to amended particulars of claim, finding the pleaded oral and written agreements vague, embarrassing, and insufficiently particularised.
Quill Associates (Pty) Limited v Dawid Kruiper Local Municipality (209/2020) [2020] ZANCHC 87 (20 November 2020)
The court dismissed a Rule 30 application challenging the signing of a plea and conditional counterclaim, finding no prejudice and no irregularity warranting relief.
Midslabs (Pty) Ltd v PMT Construction (Pty) Ltd (2016/69574) [2018] ZAGPPHC 255 (24 April 2018)
The court held that there is no legal requirement that all material facts supporting a damages claim must be pleaded in the body of the pleading. It is permissible to attach a report to the pleading and refer to it in support of the claim for damages. Compliance with Rule 18(10) depends on whether, read together, the pleading and the attached report enable the opposite party to reasonably assess the quantum of the claim. Since the report was not before the court, no assessment could be made regarding its sufficiency, but the plaintiff's contention that all facts must be pleaded in the body of…
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Chemical Specialities (Pty) Ltd v Humansdorp Paint Centre CC (227/09) [2010] ZAECPEHC 11 (30 March 2010)
The High Court refused an amendment to particulars of claim, holding the proposed tacit-agreement claim was insufficiently pleaded and the revised claim would be inconsistent.
Rustenburg Platinum Mines Ltd. v Industrial Maintance Painting Services CC (448/07) [2008] ZASCA 108; [2009] 1 All SA 275 (SCA) (23 September 2008)
The Supreme Court of Appeal held that an amendment to pleadings did not introduce a new prescribed debt; it concerned the same claim and was allowed.
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