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E39 Dolphin Beach (Pty) Ltd and Another v Gnefkow and Others (15326/24) [2025] ZAWCHC 103 (12 March 2025)
The High Court dismissed an interlocutory application to compel document production under Rule 35(12), finding non-compliance with Rule 30A and no basis to order impossible production.
Tom Campher Motors (Pty) Ltd t/a Tom Campher Volvo Cars, Johannesburg v Andre (Reasons) (1697/2024) [2024] ZAECQBHC 75 (17 December 2024)
The High Court granted summary judgment where the defendant failed to file a complying affidavit opposing the application and relied instead on a notice to amend.
Ricksaw Trade Investments 49 (Pty) Ltd t/a FMMC v Member of the Executive Council Responsible for Education in the Eastern Cape (2370/2022) [2023] ZAECMKHC 128 (21 November 2023)
The High Court dismissed a rescission application, finding the defendant late, without a satisfactory explanation, and without a bona fide defence.
F.M and Others v G.M and Others (11955/2017) [2021] ZAGPPHC 393 (9 June 2021)
The High Court dismissed an opposed motion to cancel a title deed and appoint liquidators, finding the applicants failed to prove they were the deceased’s children and that the claim had prescribed.
Sithubeni v S (Bail Appeal) (A 84/21) [2021] ZAWCHC 283 (31 May 2021)
The High Court dismissed a bail appeal in a Schedule 6 case, finding the appellant failed to show exceptional circumstances for release on bail.
S v Porritt and Another (SS 40/2006) [2021] ZAGPJHC 381 (19 March 2021)
The court held that the State lawfully obtained the letters of request under section 2(2) of the ICCMA, as the accused had not yet pleaded and proceedings had not commenced. The Constitutional Court and Supreme Court of Appeal have determined that section 2(2) applies prior to the commencement of proceedings and that the safeguards in section 5(2)(b) adequately protect the accused's fair trial rights. The accused's argument that the State deliberately withheld the institution of proceedings to frustrate their rights was rejected, as the law does not permit a section 2(1) application before th…
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Nedbank Limited v Mzizi; Nedbank Limited v Deyzel and Another; Nedbank Limited v Mbethe (28015/2019; 4257/2020; 35970/2019) [2021] ZAGPJHC 30; 2021 (4) SA 297 (GJ) (5 February 2021)
The court held that an internal bank valuation, without independent verification or a sworn affidavit from a qualified valuer, is insufficient to establish a reserve price under Rule 46A. The evidence presented in all three matters was deficient because the valuations were not sworn by qualified valuers and lacked independence. The court emphasized the need for rigorous inquiry into market value, given the constitutional imperatives and the potential prejudice to debtors if properties are sold below true market value. The applications were postponed sine die to allow supplementation with prop…
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Lilac Moon Trade and Investments 189 (Pty) Limited v 131 Northriding CC and Another (22832/2019) [2020] ZAGPJHC 440 (14 September 2020)
The court held that the plaintiff's affidavit regarding the possession and relevance of documents is prima facie conclusive. The second defendant failed to discharge the onus to show that the plaintiff's affidavit was mistaken or false, or that the documents sought were relevant to the main action. The plaintiff had already discovered the main agreement and related documents, and there was no evidence to suggest that further documents existed or were relevant. Accordingly, the application to compel better discovery was dismissed.
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Firstrand Bank Limited Trading inter alia as First National Bank v Gootspa Investments (Pty) Ltd and Others (30727/2015) [2019] ZAGPJHC 46 (22 February 2019)
The court found that the certificates of balance introduced in reply did not constitute new matter or inadmissible evidence, as they reflected recalculations and payments based on facts already before the court, consistent with the Supreme Court of Appeal's reasoning in Rossouw. The recalculation of the interest rate was a direct response to the tenth respondent's answering affidavit and was appropriately dealt with in reply. Even if the certificates constituted new matter, the tenth respondent could have sought leave to file a further affidavit under rule 6(5)(e), and there is no absolute pr…
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Chuang Yi Trading (Edms) Bpk v Vrystaat Dobbel en Drankowerheid and Another; Gallery on Leviseur (Edms) Bk v Vrystaat Dobbel en Drankowerheid and Another; Mdi v Free State Gambling and Liquor Authority and Another (4464/2015, 203/2016, 1814/2015) [2016] ZAFSHC 92 (5 May 2016)
The Free State High Court accepted an explanation that the Board had not acted in bad faith and refused a de bonis propriis costs order, but awarded attorney-and-client costs.
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