Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2018] ZAGPPHC 709

Absa Bank Ltd v Mathibela (64774/2013)

Absa Bank Ltd v Mathibela (64774/2013) [2018] ZAGPPHC 709 (26 March 2018)

The court found that the Plaintiff's calculation of arrears was incorrect, as it failed to account for a 'holiday period' agreement, resulting in a much lower actual arrear amount at the time of summons. The Plaintiff delayed prosecution and did not attempt to resolve the matter through negotiation, despite the Defendant's willingness and continued payments. The property was deemed the Defendant's family home, invoking constitutional protection under section 26(3). Given the low arrears, the delay, and lack of effort to resolve the dispute outside litigation, it would be unjust and inequitabl…

  • Mortgage Bond Enforcement
  • Special Execution
  • Section 26 Right To Housing
  • Arrears Calculation Error
  • Just And Equitable Relief
  • Summary Judgment Practice
Read case analysis
Civil Procedure [2017] ZAGPPHC 1258

Absa Bank Ltd v Mathibela (64774/2013)

Absa Bank Ltd v Mathibela (64774/2013) [2017] ZAGPPHC 1258 (8 December 2017)

The court found that the Plaintiff had incorrectly calculated the arrears by failing to account for a 'holiday period' agreement, resulting in an inflated arrear amount at the time summons was issued. The Defendant's property was accepted as her family home, qualifying for constitutional protection under section 26(3). The Plaintiff failed to make a positive averment that the property was not a home and did not provide sufficient information regarding the impact of execution on the Defendant's housing rights. The court held that, given the relatively low arrears, the Plaintiff's delay in pros…

  • Mortgage Bond Enforcement
  • Sale In Execution
  • Section 26 Right To Housing
  • Arrears Calculation Error
  • Just And Equitable Relief
  • Summary Judgment Practice
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.