Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Admiralty And Maritime [2025] ZAKZDHC 5

Chard v Old Mutual Insurance Limited (A66/2017)

Chard v Old Mutual Insurance Limited (A66/2017) [2025] ZAKZDHC 5 (17 January 2025)

Court
Kwazulu-Natal High Court, Durban
Case number
A66/2017
Judge
Mathenjwa

The court found that the defendant's proposed amendment lacked sufficient particularity as required by Uniform Rule 18(4), failing to specify the material facts regarding the alleged refusal by the plaintiff to fund oil replacement. The amendment contradicted the defendant's existing pleadings and did not raise a triable issue. Granting the amendment would prejudice the plaintiff, who would be embarrassed and unable to respond adequately. The application was not mala fide, but the absence of necessary averments and the contradiction with prior pleadings rendered the amendment excipiable and i…

Source excerpt

  • Amendment Of Pleadings
  • Warranties In Insurance
  • Prejudice In Pleadings
  • Rule 18 Particularity
Read case analysis
Commercial And Corporate [2005] ZASCA 95

Parsons Transport (Pty) Ltd v Global Insurance Ltd (345/2004)

Parsons Transport (Pty) Ltd v Global Insurance Ltd (345/2004) [2005] ZASCA 95; 2006 (1) SA 488 (SCA) (29 September 2005)

Court
Supreme Court of Appeal
Case number
345/2004
Judges
MPATI, MTHIYANE, NKABINDE, MAYA, CACHALIA

The Supreme Court of Appeal held that the insurance contract between the parties was valid and binding from 1 December 2002, and that payment of the premium by 15 January 2003 was not a suspensive condition or condition precedent to the operation of the contract. The warranties cited by the appellant were material terms, not suspensive conditions, and did not render the contract inoperative upon non-payment. The introductory clause and the warranties did not suspend the insurer's obligations, but merely recited the appellant's obligation to pay the premium. The appellant enjoyed insurance cov…

Source excerpt

  • Insurance Contracts
  • Premium Payment
  • Suspensive Conditions
  • Warranties In Insurance
  • Specific Performance
Read case analysis

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.