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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 130

Shoprite Checkers (Pty) Ltd v Trustees for The Time Being of The 3 Broten Trust (39386/2021)

Shoprite Checkers (Pty) Ltd v Trustees for The Time Being of The 3 Broten Trust (39386/2021) [2023] ZAGPJHC 130 (6 February 2023)

Court
South Gauteng High Court, Johannesburg
Case number
39386/2021
Judge
ML Senyatsi

The High Court allowed Shoprite Checkers to amend its particulars of claim, rejecting objections that the amendments made the pleading vague or required joinder.

  • Amendment Of Pleadings
  • Vague And Embarrassing Exception
  • Joinder Of Parties
  • Trustee Citation
  • Amendment-of-pleadings
  • Vague-and-embarrassing-exception
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Civil Procedure [2021] ZAWCHC 222

Steinhoff International Holdings Proprietary Limited and Others v Jooste and Another (16919/2020)

Steinhoff International Holdings Proprietary Limited and Others v Jooste and Another (16919/2020) [2021] ZAWCHC 222 (27 October 2021)

Court
Western Cape High Court, Cape Town
Case number
16919/2020
Judge
Francis

The High Court partially upheld exceptions to Steinhoff’s repayment claims, finding one delict paragraph vague for lack of facts on a legal duty owed to the Paying Entities.

  • Unjustified Enrichment
  • Negligent Misrepresentation
  • Pleading Requirements
  • Vague And Embarrassing Exception
  • Condictio Indebiti
  • Vague-and-embarrassing-exception
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Civil Procedure [2021] ZAWCHC 47

Zilwa v Member of the Executive Council for the Department of Transport and Public Works and Another (18320 / 2019)

Zilwa v Member of the Executive Council for the Department of Transport and Public Works and Another (18320 / 2019) [2021] ZAWCHC 47 (18 March 2021)

Court
Western Cape High Court, Cape Town
Case number
18320 / 2019
Judge
E D Wille

The High Court dismissed exceptions to a claim for unlawful arrest and detention, holding that the particulars of claim were sufficiently pleaded and not vague or embarrassing.

  • Unlawful Arrest
  • Unlawful Detention
  • Pleading Requirements
  • State Liability
  • Vague And Embarrassing Exception
  • Unlawful-arrest
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Civil Procedure [2020] ZAGPPHC 664

Ngovhela v Mbele and Another (23641/2019)

Ngovhela v Mbele and Another (23641/2019) [2020] ZAGPPHC 664 (18 November 2020)

Court
North Gauteng High Court, Pretoria
Case number
23641/2019
Judge
S D J Wilson

High Court dismissed an exception to medical-negligence particulars, holding the damage pleadings were sufficiently specific under Rule 18.

  • Rule 18 Pleading Requirements
  • Vague And Embarrassing Exception
  • Quantification Of Damages
  • Medical Negligence
  • Rule-18-pleading-requirements
  • Vague-and-embarrassing-exception
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Civil Procedure [2016] ZAGPJHC 111

Mosothokazi Share Trust and Others v Broll Auctions And Sales (Pty) Ltd and Another; In re: Broll Auctions And Sales (Pty) Ltd and Another v Mosothokazi Share Trust and Others (29772/2015)

Mosothokazi Share Trust and Others v Broll Auctions And Sales (Pty) Ltd and Another; In re: Broll Auctions And Sales (Pty) Ltd and Another v Mosothokazi Share Trust and Others (29772/2015) [2016] ZAGPJHC 111 (13 May 2016)

Court
South Gauteng High Court, Johannesburg
Case number
29772/2015
Judge
Van der Linde

The High Court granted an amendment to particulars of claim, holding the pleading was not vague and embarrassing and dismissing the respondents’ exceptions.

  • Pleading Amendment
  • Misrepresentation
  • Locus Standi
  • Consumer Protection Act
  • Vague And Embarrassing Exception
  • Pleading-amendment
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Intellectual Property [2015] ZAGPPHC 643

Phumelela Gaming and Leisure Limited and Another v KwaZulu-Natal Bookmakers' Society (28205/2014)

Phumelela Gaming and Leisure Limited and Another v KwaZulu-Natal Bookmakers' Society (28205/2014) [2015] ZAGPPHC 643 (25 August 2015)

Court
North Gauteng High Court, Pretoria
Case number
28205/2014
Judge
S. Potterill

The High Court upheld exceptions to copyright infringement particulars, finding the pleaded case on broadcasts vague, embarrassing, and too conclusory.

  • Copyright Infringement
  • Pleading Requirements
  • Vague And Embarrassing Exception
  • Broadcast Rights
  • Copyright-infringement
  • Pleading-requirements
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Civil Procedure [2012] ZAECELLC 20

Ndaliso v MEC of the Department of Health of the Eastern Cape Government, Bisho (EL 478/12, ECD 1178/12)

Ndaliso v MEC of the Department of Health of the Eastern Cape Government, Bisho (EL 478/12, ECD 1178/12) [2012] ZAECELLC 20 (30 November 2012)

Court
Eastern Cape High Court, East London Local Court
Case number
EL 478/12, ECD 1178/12
Judge
J.E Smith

High Court exception dismissed in a medical negligence claim. The court held the particulars of claim were sufficiently clear and not vague or embarrassing.

  • Pleading Requirements
  • Vague And Embarrassing Exception
  • Medical Negligence
  • Quantum Of Damages
  • Medical-negligence
  • Pleading-requirements
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Civil Procedure [2011] ZAWCHC 126

Onyx Distributors CC v Jenta Couriers (25277/09)

Onyx Distributors CC v Jenta Couriers (25277/09) [2011] ZAWCHC 126 (3 February 2011)

Court
Western Cape High Court, Cape Town
Case number
25277/09
Judge
Binns-Ward

High Court summary judgment matter on a transport-services debt. The court granted judgment only for the admitted amount and refused it for the balance.

  • Summary Judgment
  • Liquidated Claim
  • Pleading Requirements
  • Set Off
  • Vague And Embarrassing Exception
  • Summary-judgment
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.