South Africa Case Law

Lusaseni v Mashamaite (64478/2017)

Lusaseni v Mashamaite (64478/2017) [2024] ZAGPPHC 846 (26 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

64478/2017

Judge

M J Mpshe

The court found that the respondent's affidavit did not comply with Rule 35(3) because it failed to state unequivocally whether the respondent knew the whereabouts of the requested documents or to declare if such knowledge was lacking. The court rejected the respondent's argument that Rule 35(7) was applicable, holding that Rule 35(3) governs supplementation of inadequate discovery, not total failure to discover. The court also dismissed the procedural objection regarding the notice of motion, noting that the respondent was aware of the proceedings and had responded. Accordingly, the applicat…

Source excerpt

• Discovery Procedure
• Rule 35 Application
• Affidavit Compliance
• Default Judgment
• Costs Award

Masoeu v Masoeu and Others (2039/2022)

Masoeu v Masoeu and Others (2039/2022) [2023] ZAFSHC 220 (2 June 2023)

Court

Free State High Court, Bloemfontein

Case number

2039/2022

Judge

M E Mahlangu

High Court judgment on contempt proceedings, holding that confirmatory affidavits were non-compliant and a supplementary affidavit filed without leave was pro non scripto.

• Contempt Of Court
• Affidavit Compliance
• Supplementary Affidavit
• Uniform Rules Of Court
• Commissioner Of Oaths
• Contempt-of-court

Mudzanani and Others v Minister of Education and Others (1055/2020)

Mudzanani and Others v Minister of Education and Others (1055/2020) [2020] ZALMPTHC 3 (18 February 2020)

Court

Limpopo High Court, Thohoyandou

Case number

1055/2020

Judge

AML Phatudi

The court dismissed and struck off points in limine about affidavit authority and commissioning, granted condonation, made no costs order, and postponed the urgent matter sine die.

• Contempt Of Court
• Children S Right To Education
• Affidavit Compliance
• Condonation
• Costs Award
• Affidavit-compliance

Firstrand Bank Limited t/a Fnb Home Loans v Freddie and Another (4075/2016)

Firstrand Bank Limited t/a Fnb Home Loans v Freddie and Another (4075/2016) [2016] ZAFSHC 199 (17 November 2016)

Court

Free State High Court, Bloemfontein

Case number

4075/2016

Judge

Jacobs

The court dismissed a bank’s summary judgment application with costs after the defendants paid the debt and the judge found the bank acted too hastily in light of the NCA.

• Summary Judgment
• Mortgage Bond Enforcement
• Costs Award
• National Credit Act
• Affidavit Compliance
• Summary-judgment

Ngxongwana v Road Accident Fund (1273/2015)

Ngxongwana v Road Accident Fund (1273/2015) [2016] ZAGPPHC 985 (27 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

1273/2015

Judge

N.P. Mali

The High Court dismissed a Road Accident Fund claim after finding the plaintiff’s supporting affidavit was not validly deposed before a Commissioner of Oaths.

• Road Accident Fund Act
• Negligence
• Affidavit Compliance
• Burden Of Proof
• Road-accident-fund
• Affidavit-compliance