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South Africa decisions
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Jacobs and Others v City of Cape Town (5453/2022) [2025] ZAWCHC 53 (18 February 2025)
The High Court held the applicants had acquiesced in an eviction judgment, perempting any appeal, and set aside a late leave-to-appeal application as null and void.
X.M Petse Incorporation/ Zilwa Attorneys v Nabile (CA57/2023) [2024] ZAECMHC 42 (30 May 2024)
The court held that part-payment of an attorney's bill by the client does not amount to acquiescence or waiver of the right to dispute the bill, especially where the client has expressly demanded taxation and refused to pay the balance. The magistrate correctly found that the respondent's conduct was consistent with enforcing his right to taxation and not with an unequivocal acknowledgment of liability for the full amount. Section 80(4) of the Magistrates' Courts Act is peremptory: once taxation is demanded, the action must be stayed pending taxation. The magistrate did not misdirect himself…
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Babinakgomo Society Academy (BBKS Academy) v Shai (6476/2020) [2024] ZALMPPHC 50 (22 May 2024)
The High Court dismissed a spoliation application over disputed land, finding an unreasonable delay, no special circumstances, and lis pendens.
Hlatshwayo N.O and Another v Nedbank Limited and Another (48595/2007) [2024] ZAGPPHC 127 (12 February 2024)
The High Court dismissed a late rescission application against a default judgment enforcing mortgage debt, finding no good cause, no bona fide defence, and acquiescence.
Central Authority, Republic Of South Africa and Another v Y.R [2023] ZAGPPHC 376; 061066/2022 (29 May 2023)
The court found that CJ was habitually resident in Canada immediately prior to his retention in South Africa, based on the family's established life, citizenship, and parental intentions. CR did not acquiesce to CJ's retention, as evidenced by his prompt legal actions in both Canada and South Africa. The Article 12(2) defence was unavailable, as the application was launched within one year of retention. The court considered the Article 13(b) exception and concluded that returning CJ to Canada would expose him to an intolerable situation, primarily due to his medical history and developmental…
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NUMSA obo King and Others v BMW South Africa (Pty) Ltd (JS 740/18; JS 410/17; JS 177/17) [2020] ZALCJHB 115 (11 March 2020)
The Labour Court held that employees retired before the agreed age of 65 were automatically unfairly dismissed, and that acquiescence did not validate the unilateral change.
Masindi and Another v Jacobus Hugo Le Grange t/a Prudent Accountants and Financial Services and Others (81101/2017) [2019] ZAGPPHC 520 (4 October 2019)
The High Court refused leave to appeal against dismissal of a rescission application, finding no reasonable prospect of success and awarding costs.
Stadler and Others v Ciaravino (1558/2014) [2019] ZAECPEHC 50 (29 August 2019)
The application for rescission was dismissed because the applicants failed to act within a reasonable time, having waited nearly four years after the default judgment was granted. The court found that the applicants had acquiesced to the order through substantial compliance, including providing documents and making admissions relevant to the debatement of the account. The applicants' reliance on the excipiability of the particulars of claim and the fault of their attorneys did not justify rescission, especially given the interests of finality in litigation. The court exercised its discretion…
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Mwale v Minister of Department of Rural Development and Land Reform (LCC63/2014) [2019] ZALCC 3 (31 May 2019)
The Land Claims Court dismissed a challenge to a restitution settlement, finding no proven descendancy for one applicant and holding both claims barred by acquiescence.
Fourie v Firstrand Bank Ltd (45437/2011) [2017] ZAGPJHC 448 (11 October 2017)
The High Court dismissed a late rescission application against a consent order, finding no good cause, no triable defence, and awarding attorney-and-client costs.
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