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South Africa decisions
Decisions matching the current search
Le Sueur v Stainton and Another (2091/19P) [2021] ZAKZPHC 44 (28 July 2021)
The court dismissed a bid to refer issues to oral evidence and granted judgment on confessions to judgment for over R103 million, rejecting duress, Companies Act, and NCA defences.
Investec Bank Limited v Van Heerden and Others (17890/2010) [2017] ZAGPPHC 288 (14 June 2017)
The court found that the plaintiff had complied with all procedural requirements for obtaining judgment based on a written confession to judgment. The certificates of balance provided by the plaintiff established the amounts owed by the defendants, and the defendants failed to respond to the demands for payment. The amounts became due and payable seven days after the demand was sent. The court declined to declare immovable property executable due to lack of evidence linking the properties to the defendants' indebtedness. Judgment was granted for the certified amounts, interest, and costs.
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Masilo v Somandass and Another (57928/14) [2015] ZAGPPHC 290 (7 April 2015)
The court found that the applicant had lawfully confessed to judgment and that ABSA was entitled to obtain judgment and a writ of execution without further notice. The applicant's constitutional rights were not infringed at the stage of judgment, and the confession to judgment was not defective. The property was validly sold in execution and transferred to the respondent, who obtained an eviction order under PIE. The applicant had no prospects of success in rescinding either the ABSA judgment or the eviction order. However, considering the applicant's family circumstances, the court held it w…
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Citibank NA v Thandroyen Fruit Wholesalers CC and Others (287/06) [2007] ZASCA 61; [2007] SCA 61 (RSA) ; 2007 (6) SA 110 (SCA) (28 May 2007)
The SCA held that a Rule 31(1) confession to judgment must match the original claim, but upheld severable settlement terms and granted judgment for the reduced debt.
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