South Africa Case Law

Olympic Flame (Pty) Ltd v Connectpro (Pty) Ltd t/a Nashua Welkom (5790/2021)

Olympic Flame (Pty) Ltd v Connectpro (Pty) Ltd t/a Nashua Welkom (5790/2021) [2024] ZAFSHC 17 (24 January 2024)

Court

Free State High Court, Bloemfontein

Case number

5790/2021

Judge

Opperman

The court found that Olympic Flame (Pty) Ltd did not have authority to institute the rescission application or to oppose the rule 30/30A applications at the relevant times, as no proper company resolution or authorisation existed when litigation commenced. Attempts to ratify authority retrospectively were procedurally and constitutionally unacceptable. The late filing of the rescission application and replying affidavit was not satisfactorily explained, and condonation could not be granted. The confirmatory affidavit was filed without leave of court and constituted an irregular step. Olympic…

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• Authority To Litigate
• Rescission Of Default Judgment
• Condonation
• Rule 30 30a Irregular Steps
• Company Resolution
• Contractual Obligations

RML Lighting (Pty) Ltd v Vangiflash (Pty) Ltd (13682/22)

RML Lighting (Pty) Ltd v Vangiflash (Pty) Ltd (13682/22) [2023] ZAKZPHC 118 (19 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

13682/22

Judge

Annandale

The respondent's challenge to the applicant's authority to institute eviction proceedings was procedurally defective, as it was not raised by notice in terms of Uniform Rule 7(1) but rather in the answering affidavit and outside the prescribed period. Binding authority from ANC Umvoti requires that all challenges to authority, whether substantive or technical, must be pursued under Rule 7 and not in application papers. The respondent, being legally represented, failed to follow the correct procedure and thus its challenge is fatal. On the merits, the respondent provided no substantive defence…

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• Uniform Rule 7
• Authority To Institute Proceedings
• Eviction Of Commercial Tenant
• Company Resolution
• Attorney And Client Costs

ABSA Bank Limited v Pro Trading Engineering (Pty) Ltd and Others (1274/2020)

ABSA Bank Limited v Pro Trading Engineering (Pty) Ltd and Others (1274/2020) [2021] ZANWHC 78 (26 October 2021)

Court

North West High Court, Mafikeng

Case number

1274/2020

Judge

M Kgabi

The court found that the affidavit supporting the summary judgment application was clouded with irregularities and did not comply with the requirements of the Regulations relating to affidavits. It was questionable whether the deponent had personal knowledge of the facts and whether proper authority was established. The defendants raised bona fide triable issues, including the applicability of the suretyship, the absence of a company resolution, and the invocation of the Turquand rule. These issues warranted ventilation at trial. Consequently, the application for summary judgment was dismisse…

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• Summary Judgment
• Suretyship
• Company Resolution
• Commissioners Of Oaths Regulations
• Turquand Rule
• Overdraft Facility

Kunene Motors Holdings Limited v Izicwe Mining Maintenance and Trading CC (A154/2018)

Kunene Motors Holdings Limited v Izicwe Mining Maintenance and Trading CC (A154/2018) [2019] ZAMPMHC 25 (21 June 2019)

Court

Middelburg High Court, Mpumalanga

Case number

A154/2018

Judges

TV Ratshibvumo, MBG Langa

The High Court upheld an appeal against dismissal of a rescission application, holding that a challenge to company authority had to follow Rule 52 procedure.

• Rescission Of Default Judgment
• Authority To Act
• Company Resolution
• Magistrates Court Rules
• Rescission-of-default-judgment
• Authority-to-act