South Africa Case Law

Molefe v Nedcor Bank Limited and Others (99/754)

Molefe v Nedcor Bank Limited and Others (99/754) [2023] ZAGPJHC 20 (12 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

99/754

Judge

P V Ternent

The court found that the applicant failed to provide a reasonable and plausible explanation for his default and the extensive delay in bringing the rescission application, which was filed twenty-two years after the default judgment. The applicant's version was contradicted by documentary evidence and affidavits, and he failed to establish a bona fide or prima facie defence. The court held that service of summons was properly effected at the applicant's chosen domicilium, and Nedcor Bank was entitled to judgment and sale in execution. The applicant's reliance on Rule 42(1)(a) and the common la…

Source excerpt

• Rescission Of Judgment
• Condonation
• Sale In Execution
• Bond Enforcement
• Service At Domicilium
• Ownership Dispute

Absa Bank Limited v Baloyi and Others (9850/2000)

Absa Bank Limited v Baloyi and Others (9850/2000) [2021] ZAGPPHC 300 (14 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

9850/2000

Judge

N Davis

The High Court refused a postponement and granted default judgment to Absa, with interest at the prescribed rate and attorney-and-client costs.

• Default Judgment
• Postponement
• Bond Enforcement
• Prescribed Rate Of Interest Act
• Attorney And Client Costs
• Default-judgment

Kombech and Another v Nedbank Limited and Others (74905/2015)

Kombech and Another v Nedbank Limited and Others (74905/2015) [2017] ZAGPPHC 451 (2 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

74905/2015

Judge

Hughes

The High Court dismissed a rescission application, finding no adequate basis for rescission, proper service at the domicilium address, and no shown defence.

• Rescission Of Judgment
• Service Of Process
• Special Executability
• Bond Enforcement
• Rescission-of-judgment
• Service-of-process

Van Der Walt NO and Others v ABSA Bank Limited In re: ABSA Bank Limited v Van Der Walt NO and Others (6012/2007)

Van Der Walt NO and Others v ABSA Bank Limited In re: ABSA Bank Limited v Van Der Walt NO and Others (6012/2007) [2011] ZAGPPHC 110 (5 May 2011)

Court

North Gauteng High Court, Pretoria

Case number

6012/2007

Judge

Mavundla

The High Court dismissed an application to rescind default judgment and refused condonation for a late replying affidavit, finding no good cause or bona fide defence.

• Rescission Of Judgment
• Default Judgment
• Suretyship
• Bond Enforcement
• Condonation
• Party And Party Costs