Gokaldas v Allah Wala Wholesalers (45779/2017) [2018] ZAGPPHC 631 (23 August 2018)
Court
North Gauteng High Court, Pretoria
Case number
45779/2017
Judge
E Van Der Schyff
The High Court cancelled an oral lease and ordered eviction after finding non-payment of rent, but it refused monetary judgment because the arrears were not proved.
Oliphant v Firstrand Bank Limited (3101/2015) [2017] ZAGPPHC 1156 (20 October 2017)
Court
North Gauteng High Court, Pretoria
Case number
3101/2015
Judge
JA Motepe
The applicant was not in willful default, as she acted on a bona fide but mistaken belief that payment of arrears would resolve the matter. However, she failed to establish a bona fide defence, as she remained in arrears for January and February 2015 when the default judgment was granted. The respondent's failure to disclose the applicant's payment was remiss but not fraudulent. The summons served was not defective, as it bore the Registrar's name, and the affidavit supporting default judgment was properly commissioned after correction. The section 129 notice was properly served. The applicat…