South Africa Case Law

Mamokuthu Development CC v Cas Dry Attorneys Inc and Others (919/2020)

Mamokuthu Development CC v Cas Dry Attorneys Inc and Others (919/2020) [2025] ZAMPMBHC 34 (8 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

919/2020

Judge

TV Ratshibvumo

The court found that the applicant’s proposed amendment does not constitute a withdrawal of admissions, as the paragraphs in question do not contain unequivocal admissions and are disputed by the respondents in their plea. The amendment does not introduce a new cause of action but clarifies the existing claim. The respondents failed to demonstrate any real prejudice that would result from the amendment, especially as the trial has not commenced and no witnesses have been released based on the alleged admissions. The court held that Rule 28 allows for the amendment of pleadings, including the…

Source excerpt

• Amendment Of Pleadings
• Prescription
• Withdrawal Of Admissions
• Sale Of Immovable Property
• Interest Bearing Accounts

Blair Atholl Homeowners Association and Another v City of Tshwane Metropolitan Municipality (68226/2010)

Blair Atholl Homeowners Association and Another v City of Tshwane Metropolitan Municipality (68226/2010) [2025] ZAGPPHC 318 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

68226/2010

Judge

K La M Manamela

High Court granted Tshwane leave to amend pleadings in a water-account dispute, finding a mutual error in the parties’ consumption figures and allowing recall of a witness.

• Amendment Of Pleadings
• Compromise And Settlement
• Municipal Services Agreements
• Prejudice And Costs
• Withdrawal Of Admissions
• Amendment-of-pleadings

ABSA Bank v Murray (EL 1130/2013)

ABSA Bank v Murray (EL 1130/2013) [2025] ZAECELLC 2 (4 February 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1130/2013

Judge

B Hartle

The court set aside an amended plea as irregular for failing to follow Uniform Rule 28, and directed the plaintiff to regularise its pleadings first.

• Amendment Of Pleadings
• Withdrawal Of Admissions
• Uniform Rule 28
• Uniform Rule 30
• Costs Orders
• Case Management

Advanced Office Automation ta Nashua North East v Du Plessis (29566/2016)

Advanced Office Automation ta Nashua North East v Du Plessis (29566/2016) [2024] ZAGPJHC 760 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

29566/2016

Judge

N.J. Graves

The High Court allowed amendment of particulars of claim, including substitution of the plaintiff by cession, and rejected objections based on Rule 15 and alleged prejudice.

• Amendment Of Pleadings
• Party Substitution
• Cession Of Claims
• Withdrawal Of Admissions
• Suretyship
• Sale Of Business

Enza Construction (Pty) Ltd v Mpumalanga Economic Growth Agency and Others (5257/2022)

Enza Construction (Pty) Ltd v Mpumalanga Economic Growth Agency and Others (5257/2022) [2024] ZAMPMBHC 36 (30 May 2024)

Court

Mbombela High Court, Mpumalanga

Case number

5257/2022

Judge

JL Bhengu

The court allowed the second defendant to withdraw admissions and amend its plea, finding triable issues, and dismissed the plaintiff’s bid for default judgment.

• Amendment Of Pleadings
• Withdrawal Of Admissions
• Building Contract Dispute
• Institution Of Legal Proceedings Against Organs Of State
• Arbitration Clause
• Default Judgment

S.S.S v C.T.S (77365/2019)

S.S.S v C.T.S (77365/2019) [2024] ZAGPPHC 412 (19 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

77365/2019

Judge

Labuschagne

The court found that the applicant's instructions to his former attorneys were not reflected in the filed plea and counterclaim, and the corrections sought are consistent with his original instructions. The application for amendment is bona fide, and an admission made in error may be withdrawn. Even if the admissions were deliberate, the court retains discretion to allow their withdrawal. The amendment does not introduce vagueness or embarrassment and the grounds for forfeiture have been pleaded. Although the delay in bringing the application was not fully explained, the respondent failed to…

Source excerpt

• Withdrawal Of Admissions
• Amendment Of Pleadings
• Forfeiture Of Benefits
• Primary Residence Of Minor
• Condonation
• Division Of Joint Estate

Ebesa Architects (Pty) Ltd v City of Cape Town (11824/2022)

Ebesa Architects (Pty) Ltd v City of Cape Town (11824/2022) [2023] ZAWCHC 233 (1 September 2023)

Court

Western Cape High Court, Cape Town

Case number

11824/2022

Judge

Mantame

The High Court mostly refused Ebesa Architects’ bid to amend its plea and conditional special plea, finding the changes withdrew admissions without adequate explanation.

• Amendment Of Pleadings
• Withdrawal Of Admissions
• Contractual Liability
• Joint Venture Disputes
• Mediation And Litigation
• Prejudice In Amendment Applications

Momentum Group Limited v Moothsamy

Momentum Group Limited v Moothsamy [2023] ZAGPPHC 507; 56511/2012 (5 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

56511/2012

Judge

Bam

The court allowed an amendment to a plea in a life-policy dispute, holding the changes clarified existing denials and did not amount to bad-faith delay.

• Amendment Of Pleadings
• Withdrawal Of Admissions
• Triable Issue
• Costs Discretion
• Amendment-of-pleadings
• Withdrawal-of-admissions

Lewis v Road Accident Fund (17441/2009)

Lewis v Road Accident Fund (17441/2009) [2023] ZAWCHC 120 (18 May 2023)

Court

Western Cape High Court, Cape Town

Case number

17441/2009

Judge

Le Grange

The High Court refused RAF leave to amend its plea to withdraw admissions on causation, but allowed repudiation of disputed quantum issues in Dr Lourens’ note.

• Amendment Of Pleadings
• Withdrawal Of Admissions
• Expert Evidence
• Loss Of Support
• Psychiatric Injury
• Compromise And Settlement

Minister of Police and Another v Siphiwe (19020/17)

Minister of Police and Another v Siphiwe (19020/17) [2023] ZAGPJHC 23 (13 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

19020/17

Judge

Kekana

The High Court refused a late application to amend a plea, finding the defendants gave no adequate delay explanation and the amendment would prejudice the respondent.

• Amendment Of Pleadings
• Withdrawal Of Admissions
• Prejudice
• Uniform Rules Of Court Rule 28
• Amendment-of-pleadings
• Withdrawal-of-admissions