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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1307

Neutron Energy Africa (Pty) Ltd v Hengyi Electrical Co Ltd (58561/2021)

Neutron Energy Africa (Pty) Ltd v Hengyi Electrical Co Ltd (58561/2021) [2023] ZAGPJHC 1307 (20 March 2023)

The High Court granted condonation for a late answering affidavit and allowed a defendant to deliver a late counterclaim under rule 24(1), ordering costs in the action.

  • Condonation Of Late Filing
  • Counterclaim Procedure
  • Uniform Rules Of Court Rule 24
  • Amendment Of Pleadings
  • Condonation
  • Counterclaim
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Civil Procedure [2023] ZAGPJHC 306

Neutron Energy Africa (Pty) Ltd v Hengyi Electrical Co. Ltd (58561/1021)

Neutron Energy Africa (Pty) Ltd v Hengyi Electrical Co. Ltd (58561/1021) [2023] ZAGPJHC 306 (20 March 2023)

The High Court condoned a late answering affidavit and allowed a defendant to file a counterclaim out of time under rule 24(1), finding a reasonable explanation and no prejudice.

  • Condonation
  • Counterclaim
  • Uniform Rules Of Court Rule 24
  • Late Filing
  • Supplementary Affidavit
  • Late-filing
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Civil Procedure [2022] ZAGPPHC 412

Hatfield Man Truck and Bus v Zitholama Cleaning Hygiene Chemicals CC (20732/2020)

Hatfield Man Truck and Bus v Zitholama Cleaning Hygiene Chemicals CC (20732/2020) [2022] ZAGPPHC 412 (14 June 2022)

The High Court granted leave to file a counterclaim out of time, finding the Covid-era delay reasonably explained, but ordered the applicant to pay costs.

  • Late Filing Of Counterclaim
  • Uniform Rules Of Court Rule 24
  • Reasonable Explanation For Delay
  • Costs Award On Indulgence
  • Late-filing-counterclaim
  • Uniform-rules-court-rule-24
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Civil Procedure [2011] ZAGPJHC 135

Lethimvula Healthcare (Pty) Ltd v Private Label Promotion (Pty) Ltd (2010/6776)

Lethimvula Healthcare (Pty) Ltd v Private Label Promotion (Pty) Ltd (2010/6776) [2011] ZAGPJHC 135; 2012 (3) SA 143 (GSJ) (12 October 2011)

The court granted leave under Rule 24(1) for a defendant to file a late counterclaim after discovering new evidence, finding the delay adequately explained.

  • Counterclaim After Plea
  • Lease Agreement Termination
  • Uniform Rules Of Court Rule 24
  • Fraudulent Non Disclosure
  • Counterclaim-after-plea
  • Uniform-rules-of-court-rule-24
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.