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South Africa decisions
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Minister of Police v Gareng (2815/24) [2025] ZANWHC 113 (3 July 2025)
The High Court dismissed the Minister of Police’s application to uplift a bar, finding the delay unexplained and no bona fide defence shown.
Mokokeng v Mercedes-Benz Financial Services South Africa (Pty) Limited (2025/010419) [2025] ZAGPJHC 650 (29 June 2025)
The High Court dismissed an unopposed rescission application, finding no bona fide defence where the applicant admitted arrears and relied on taxi-industry violence.
Khambule v Absa Bank Limited (2019/003137) [2025] ZAGPJHC 638 (25 June 2025)
The applicant failed to satisfy the stringent test for leave to appeal under Section 17(1) of the Superior Courts Act. Her denial of entering into the second loan agreement and registration of the mortgage bond was unsupported by evidence, particularly in light of the registered bond and power of attorney in the Deeds Office. The respondent was entitled to rely on secondary evidence for summary judgment, and the applicant's contentions did not rise above a mere possibility of success or an arguable case. No compelling reason, such as a significant question of law or public importance, was adv…
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K201711676 (Pty) Ltd t/a Nelgear v Mpangane (A042025) [2025] ZAMPMBHC 54 (17 June 2025)
High Court appeal against dismissal of rescission of default judgment succeeded after the court found a weak default explanation but bona fide defences with prospects of success.
Magdalene Georgiannis Marais Attorneys and Others v Indonet (Pty) Ltd TA One Fifty Capital (A2024/001078) [2025] ZAGPJHC 671 (13 June 2025)
The High Court held that an order uplifting a bar was interlocutory and not appealable, and dismissed the appeal with costs.
Mmazwi Civil and Construction Services CC v Phopholo HM (Pty) Ltd (20831/2022) [2025] ZAGPJHC 601 (12 June 2025)
The High Court dismissed an application to rescind a default judgment for truck-hire debt, finding no sufficient explanation for delay, no bona fide defence, and proper service.
Minister of Police v Abrams (1857/2022) [2025] ZANWHC 101 (12 June 2025)
The court found that the applicant failed to provide a reasonable and acceptable explanation for the delay in delivering the application for upliftment of bar. The applicant's affidavit was lacking in primary facts and did not address the critical timelines relevant to good cause. Furthermore, the applicant did not set out a bona fide defence in the founding affidavit, and the defence raised in written argument was not supported by the facts presented. The court held that the requirements for condonation and upliftment of bar under Rule 27 of the Uniform Rules of Court were not satisfied. The…
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Briedenhann v Nordien N.O (Appeal) (2115/2021) [2025] ZANCHC 52 (6 June 2025)
The appeal succeeded because the court a quo applied too strict a test in assessing whether the appellant had shown good cause for rescission. The court a quo improperly weighed the merits and made credibility findings at the rescission stage, rather than determining whether the appellant's defence, if established at trial, would entitle him to relief. The appellant's partial payment defence, supported by documentary evidence of livestock delivery, was sufficient to constitute a bona fide defence. The correct test, as set out in Grant v Plumbers, requires only that the defendant set out averm…
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SA Taxi Finance Solution (PTY) LTD v Shoba N.O (003577/2022) [2025] ZAGPJHC 616 (3 June 2025)
The High Court dismissed an application to rescind default summary judgment, finding no procedural error and no bona fide defence based on repudiated life insurance.
Liphosa v Body Corporate of Philberta Court (2021/55797) [2025] ZAGPJHC 456 (12 May 2025)
The High Court dismissed an application to rescind a provisional sequestration order, finding no case made out for rescission and awarding attorney-client costs.
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