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South Africa decisions
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Firstrand Bank Limited t/a Wesbank v Mpungose (52965/2018) [2025] ZAGPPHC 594 (4 June 2025)
The High Court granted absolution from the instance in a bank’s claim over a repossessed Jaguar, finding insufficient proof of a valid electronic agreement.
Mohamedamin obo Mohamed v Road Accident Fund (Reasons) (1363/2021) [2025] ZALMPPHC 100 (15 May 2025)
High Court granted absolution from the instance in a Road Accident Fund claim after finding no prima facie evidence of the insured driver’s negligence.
Ramotshekisi v Passenger Rail Agency of South Africa (7815/2015) [2025] ZAGPPHC 450 (6 May 2025)
The plaintiff's application to amend his pleadings was refused because it was brought too late in the proceedings, with no reasonable explanation for the delay, and was not made in good faith. The contradiction between 'pushed' and 'pulled' was not a material fact affecting the cause of action, which was based on the defendant's alleged negligence in operating the train with open doors. The defendant's application for absolution from the instance was refused because the plaintiff had established a prima facie case of negligence; the contradiction in his evidence was not material to the pleade…
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TotalGaz Southern African (Pty) Ltd v Sapling Trade and Invest 26 (Pty) Ltd and Another (D11539/2022) [2025] ZAKZDHC 18 (5 May 2025)
The plaintiff failed to discharge its burden of proof by not leading admissible evidence to establish the truth of the contents of the delivery notes and invoices upon which its claim was based. There was no agreement between the parties regarding the accuracy of these documents, and the plaintiff did not call the authors to testify. The court held that mere discovery and inclusion of documents in trial bundles, or confirmation that they form part of company records, does not render their contents admissible or prove the underlying transactions. In the absence of admissible evidence, there wa…
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Abrahams v City of Cape Town (25026/2011) [2025] ZAWCHC 173 (22 April 2025)
The High Court dismissed the City’s application for absolution after evidence that road water pooling and drainage failures may have caused a severe crash.
E.S v J.H.C.S (2022/17221) [2025] ZAGPJHC 275 (13 March 2025)
High Court application to uplift a notice of bar and amend divorce-settlement pleadings dismissed; absolution from the instance granted and costs awarded to the respondent.
Momentum Metropolitan Life Limited v Lakhoo (AR188/2023; 30823/2019) [2025] ZAKZPHC 12 (7 February 2025)
The High Court upheld an appeal, holding that the National Credit Act did not apply to an acknowledgment of debt arising from commission clawbacks.
Clemen Investments NO (Pty) Ltd v Ndzimela and Another (3431/2016) [2024] ZAECMKHC 147 (18 December 2024)
The High Court dismissed an application for absolution, finding a prima facie case against a surety and that the lease’s non-payment clause allowed cancellation without seven days’ notice.
Klatte v Drs Visser, Erasmus, Vawda and Partners (1372/2016) [2024] ZAECQBHC 63 (29 October 2024)
The High Court refused absolution after the plaintiff’s case in a delict claim arising from a fall during an x-ray procedure, finding the matter not clear-cut.
Mdazane and Another v Nene and Another (EL 799/2020) [2024] ZAECELLC 42 (29 October 2024)
High Court dispute over a verbal tender arrangement for surgical masks. The court rejected a claimed partnership, enforced the admitted R650,000 payment, and dismissed the larger damages claim.
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