South Africa Case Law

Aneliswe v Member of the Execution Council for Health Eastern Cape (4307/2018)

Aneliswe v Member of the Execution Council for Health Eastern Cape (4307/2018) [2024] ZAECMHC 25 (5 March 2024)

Court

Eastern Cape High Court, Mthatha

Case number

4307/2018

Judge

Zilwa

The court found that the proposed amendment to the particulars of claim failed to comply with the requirements of Rule 18(4) and 18(10) of the Uniform Rules. The amendment lacked sufficient particularity regarding the quantum of damages and the factual basis for the claim, making it excipiable and prejudicial to the respondent. The absence of an explanation for the lack of detail and the failure to incorporate expert reports into the pleadings further justified refusal. The court held that granting the amendment would result in pleadings that are unclear and would likely lead to further litig…

Source excerpt

• Pleadings Amendment
• Uniform Rules Rule 18
• Damages Quantification
• Personal Injury Claims

Ramosebudi v Mercedes Benz Financial Services South Africa (Pty) Ltd (51196/2017)

Ramosebudi v Mercedes Benz Financial Services South Africa (Pty) Ltd (51196/2017) [2019] ZAGPPHC 84 (20 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

51196/2017

Judge

Millar

The High Court dismissed an application to rescind a default judgment over a vehicle finance agreement, finding no adequate basis to disturb the earlier order.

• Jurisdiction
• Rescission Of Judgment
• Default Judgment
• National Credit Act Compliance
• Uniform Rules Rule 42
• Uniform Rules Rule 18