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South Africa decisions
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Investec Bank Limited v T.R.L and Another (12503/2021) [2025] ZAGPPHC 177 (25 February 2025)
The High Court reduced the reserve price for a primary-residence sale in execution from R2 million to R1.6 million under Rule 46A(9).
Juskei v Ntshingila (A5069/2021 ; 2019/31410) [2023] ZAGPJHC 681 (12 June 2023)
The High Court set aside an urgent eviction and interdict order for lack of proper service and non-compliance with PIE, awarding costs to the appellant.
Dainfern Homeowners Association v Roodt and Others [2023] ZAGPPHC 282; 82688/2017 (5 May 2023)
The court dismissed a late rescission application and declared a Dainfern home specially executable under Rule 46A, with a 60-day suspension and reserve price.
Basi and Another v Prinsloo and Others (45721/19) [2021] ZAGPPHC 600 (17 September 2021)
The High Court granted an eviction order after finding the respondents were unlawful occupiers under PIE and that eviction was just and equitable.
SB Guarantee Company (RF) (Pty) Ltd v Muhammad (35048/2019) [2020] ZAGPJHC 291 (16 November 2020)
The applicant established its entitlement to judgment for the outstanding amount under the indemnity and mortgage bond, as the respondent defaulted on his payment obligations and Standard Bank validly cancelled the home loan agreement. The certificates of balance were properly signed by an authorised person, and the respondent admitted the quantum of the claim. Section 129(3) of the National Credit Act does not apply after cancellation of the credit agreement, and the respondent's objections on this ground are without merit. The respondent failed to provide sufficient evidence of inability to…
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M M v Rescue Rod (Pty) Ltd; Rescue Rod (Pty) Ltd v M M and Others (14095/15) [2018] ZAGPJHC 563 (9 October 2018)
The court found that the order declaring the Bushkoppies property executable was fundamentally flawed, as it was granted on the erroneous basis that Mr and Ms M were joint owners and still married in community of property, when in fact Ms M was the sole owner post-divorce. No judgment had been taken against Ms M, and she was not properly joined in the proceedings. The creditor's reliance on the Settlement and Mr M's consent did not excuse the procedural requirement to join Ms M individually. The absence of notice and opportunity for Ms M to present her circumstances, particularly regarding he…
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Absa Bank Limited v Wolmarans and Another (1490/2017) [2017] ZAFSHC 188 (16 November 2017)
The court found that the defendants had failed to meet their obligations under the mortgage bond, resulting in substantial arrears and an increase in the outstanding capital. The defendants possess alternative properties and have not demonstrated a realistic prospect of settling the arrears in the immediate future. The proportionality of prejudice favours the plaintiff, whose only security is the mortgaged property. The defendants' right to adequate housing is not infringed as they have alternative accommodation. The court considered the anticipated pension payment and granted a short indulge…
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Mpofu and Another v Standard Bank of South Africa Limited and Another (3858/2007) [2017] ZAGPPHC 846 (10 November 2017)
The High Court dismissed an application to rescind a default judgment enforcing a mortgage debt and sale in execution, finding no good cause, no bona fide defence, and wilful default.
Gajoo and Another v Kock and Others (2015/33530) [2016] ZAGPJHC 82 (4 May 2016)
High Court eviction granted under PIE after the court found no bona fide defence, no vulnerability-based obstacle, and that eviction was just and equitable.
First Rand Bank Ltd v Siebert and Another, First Rand Bank Ltd v Nel and Another (2635/2010, 2219/2010) [2010] ZAECPEHC 75 (17 December 2010)
The court granted summary judgment for the debt but refused to declare the mortgaged property executable because the summons lacked arrears details.
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