South Africa Case Law

Wesbank, A Division of Firstrand Bank Limited v Investment Auto Group (Pty) Ltd and Others (2020/7439)

Wesbank, A Division of Firstrand Bank Limited v Investment Auto Group (Pty) Ltd and Others (2020/7439) [2021] ZAGPJHC 449 (24 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/7439

Judge

Windell

The High Court upheld a special plea of res judicata, holding that an erroneously granted default judgment remained effective until rescinded by court order.

• Res Judicata
• Default Judgment
• Abandonment Of Judgment
• Practice Directives
• Interlocutory Applications
• Res-judicata

Somika v Saarthy Proprietary Limited (2020/24081)

Somika v Saarthy Proprietary Limited (2020/24081) [2021] ZAGPJHC 758 (11 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/24081

Judge

Molahlehi

The court found that the urgent court order became unenforceable after the cargo was discharged from the Tanzanian port by Saarthy's agent, making compliance impossible and rendering the application for leave to appeal moot. The cancellation of the contract by Somika was not relevant to the question of abandonment or waiver of the judgment, as no formal notice of abandonment was delivered in terms of Rule 41(2). Saarthy failed to establish that Somika had abandoned the judgment or waived its rights. The application for leave to appeal was unnecessary and constituted an abuse of process, justi…

Source excerpt

• Specific Performance
• Abandonment Of Judgment
• Costs On Punitive Scale
• Urgent Application

Coetzer v Wesbank, a division of Firstrand Bank Limited (2020/7439)

Coetzer v Wesbank, a division of Firstrand Bank Limited (2020/7439) [2021] ZAGPJHC 112; 2022 (2) SA 178 (GJ) (24 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/7439

Judge

T Siwendu

The court held that interlocutory applications could not proceed while a default judgment against the applicant stood. Wesbank’s abandonment did not nullify it.

• Default Judgment
• Abandonment Of Judgment
• Functus Officio
• Res Judicata
• Interlocutory Applications
• Default-judgment

Mulder v Fourie N.O and Others (66730/17)

Mulder v Fourie N.O and Others (66730/17) [2020] ZAGPPHC 210 (12 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

66730/17

Judge

C.J. Collis

The High Court dismissed Mulder’s bid to enforce an earlier order for transfer of properties, holding the relief was legally untenable and that Nel could abandon the prior judgment.

• Deeds Registries Act
• Enforcement Of Court Orders
• Abandonment Of Judgment
• Jurisdiction
• Settlement Agreement
• Transfer Of Immovable Property

Department: Transport, Province of KwaZulu-Natal v Ramsaran and Others (1274/2017)

Department: Transport, Province of KwaZulu-Natal v Ramsaran and Others (1274/2017) [2019] ZASCA 62 (23 May 2019)

Court

Supreme Court of Appeal

Case number

1274/2017

Judges

Ponnan, Mathopo, Van Der Merwe, Mokgohloa, Gorven

The Supreme Court of Appeal held that abandonment of judgment under Uniform Rule 41(2) ended the lis, leaving the appellant entitled only to costs up to the abandonment date.

• Abandonment Of Judgment
• Costs Orders
• Uniform Rules Of Court
• Authority To Instruct Attorneys
• Abandonment-of-judgment
• Costs-orders

Rippel Effect Systems (Pty) Ltd v Milkor (Pty) Ltd and Another (47896/ 2016)

Rippel Effect Systems (Pty) Ltd v Milkor (Pty) Ltd and Another (47896/ 2016) [2018] ZAGPPHC 562 (3 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

47896/2016

Judge

Poswa-Lerotholi

The court dismissed an application to set aside a 2007 settlement order and upheld a counter-application confirming it remained enforceable.

• Settlement Agreement
• Enforcement Of Court Order
• Abandonment Of Judgment
• Cause Of Action
• Declaratory Relief
• Settlement-agreement

Quality Safety 1990 (Pty) Limited v Spiderweb Altitude Systems (Pty) Limited (2016/A5031)

Quality Safety 1990 (Pty) Limited v Spiderweb Altitude Systems (Pty) Limited (2016/A5031) [2017] ZAGPJHC 413 (15 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/A5031

Judges

Opperman, M Twala, D Nair

The High Court set aside an erroneously granted judgment and punitive costs order, referred reserved issues back to the court a quo, and made a tailored costs order.

• Interdictory Relief
• Costs Orders
• Rescission Of Judgment
• Abandonment Of Judgment
• Appeal
• Costs-orders

Firstrand Bank Ltd t/a First National Bank v Fondse and Another (A5027/2016)

Firstrand Bank Ltd t/a First National Bank v Fondse and Another (A5027/2016) [2017] ZAGPJHC 184 (23 June 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A5027/2016

Judges

Sutherland, Matojane, Makume

The High Court held that res judicata should not bar Firstrand Bank’s fresh application after abandonment of an earlier judgment affected by section 129 non-compliance.

• Res Judicata
• Issue Estoppel
• National Credit Act Compliance
• Summary Judgment
• Abandonment Of Judgment
• Res-judicata

Liberty Group Limited v Bezuidenhout (4072/2010)

Liberty Group Limited v Bezuidenhout (4072/2010) [2014] ZAKZPHC 16 (4 March 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4072/2010

Judge

Mbatha

The court upheld a special plea of res judicata after a default judgment was abandoned but the plaintiff tried to continue the same claim.

• Res Judicata
• Default Judgment
• Abandonment Of Judgment
• Rule 41
• Agency Agreement Termination
• Res-judicata

Geldenhuys en Ander v Kommissaris van die Hof van Klein Eise en Anders (1750/2010)

Geldenhuys en Ander v Kommissaris van die Hof van Klein Eise en Anders (1750/2010) [2012] ZANCHC 46 (7 September 2012)

Court

Northern Cape High Court, Kimberley

Case number

1750/2010

Judges

C J Olivier, F D Kgomo

The court set aside a Small Claims Court judgment after finding the commissioner had previously acted as the applicants’ attorney in the same dispute.

• Recusal Of Presiding Officer
• Irregularity In Proceedings
• Abandonment Of Judgment
• Costs Order
• Small Claims Court Procedure
• Recusal-of-presiding-officer