South Africa Case Law

Mercedes-Benz Finance and Insurance, a Division of Mercedes-Benz Financial Services South Africa (Pty) Ltd v Thobejane (16432/2019)

Mercedes-Benz Finance and Insurance, a Division of Mercedes-Benz Financial Services South Africa (Pty) Ltd v Thobejane (16432/2019) [2025] ZAGPPHC 733 (28 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

16432/2019

Judge

Stone AJ

The court found that the respondent breached the settlement agreement, which was made an order of court, by failing to make the required payments. The respondent's defences regarding alleged fraudulent conduct and procedural irregularities were unsupported by evidence and did not constitute valid grounds to prevent enforcement of the order. The court held that substance must be preferred over form, and any procedural irregularity in the application was condoned, as the respondent suffered no prejudice and had ample opportunity to respond. The applicant was entitled to judgment in terms of the…

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• Settlement Agreement Enforcement
• Credit Agreement Breach
• Consent To Judgment
• National Credit Act Compliance
• Condonation Of Procedural Irregularity

Bridge Debt (Pty) Ltd and Another v Mothibi (CA&R34/23)

Bridge Debt (Pty) Ltd and Another v Mothibi (CA&R34/23) [2025] ZANCHC 24 (14 March 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R34/23

Judges

Mamosebo, Nxumalo

The appeal court found that the magistrate correctly rescinded the judgment and emoluments attachment order as the Kimberley court lacked jurisdiction, given the respondent's residence and employment in Johannesburg and the consent to jurisdiction specifying Pretoria. The court held that all benefits obtained by Bridge Debt under the void judgment are void ab initio and restitution must be effected. However, the appellant, Flemix & Associates Incorporated Attorneys, did not receive rescindable benefits and cannot be held jointly and severally liable for restitution. The cost order against the…

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• Magistrates Court Jurisdiction
• Emoluments Attachment Order
• Consent To Judgment
• Restitution
• Costs Award

Bayport Securitisation (RF) Ltd v Bambiso; Bayport Securitisation (RF) Ltd v Mantsanga; Bayport Securitisation (RF) Ltd v Zixesha (CA27/2017; CA370/2016; CA310/2016)

Bayport Securitisation (RF) Ltd v Bambiso; Bayport Securitisation (RF) Ltd v Mantsanga; Bayport Securitisation (RF) Ltd v Zixesha (CA27/2017; CA370/2016; CA310/2016) [2020] ZAECGHC 68 (25 June 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA27/2017; CA370/2016; CA310/2016

Judges

A Beyleveld, J Roberson

The High Court upheld appeals against rescission orders, finding the respondents failed to show good cause or a bona fide defence to default judgments.

• Rescission Of Judgment
• Magistrates Court Act
• Consent To Judgment
• Bona Fide Defence
• Rescission-of-judgment
• Default-judgment

Sakata v Bayport Securitisation (Pty) Ltd, Sakata v Bayport Securitisation (Pty) Ltd (CA134/2017, CA135/2017)

Sakata v Bayport Securitisation (Pty) Ltd, Sakata v Bayport Securitisation (Pty) Ltd (CA134/2017, CA135/2017) [2017] ZAECBHC 18 (16 November 2017)

Court

Eastern Cape High Court, Bhisho

Case number

CA134/2017, CA135/2017

Judges

Rugunanan, Shartle

The High Court found that the magistrate erred in upholding the respondent's point in limine and dismissing the rescission application. The appellant was not properly notified of the judgment by registered mail as required by section 58(2) of the Magistrates' Courts Act, and there was no proof of postage. The written consent to judgment was not informed, as the appellant was not made aware of the respondent's cause of action. The supporting affidavit for the request for judgment was deficient, lacking proper quantification of the debt and failing to lodge the original credit agreement. The ju…

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• Magistrates Court Rescission
• Consent To Judgment
• National Credit Act Compliance
• Default Judgment
• Proof Of Service
• Good Cause For Rescission

Ntebe v Residual Debt services Limited (CA232/2016)

Ntebe v Residual Debt services Limited (CA232/2016) [2017] ZAECGHC 27 (9 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA232/2016

Judges

N Molony, C Plasket

The High Court dismissed an appeal against refusal of rescission of a consent judgment, finding no bona fide defence and only technical, unsupported objections.

• Magistrates Courts Act
• National Credit Act
• Rescission Of Judgment
• Consent To Judgment
• Technical Defences
• Costs Orders

Mjongile v Magistrate Zwelitsha and Others (406/16; 407/16)

Mjongile v Magistrate Zwelitsha and Others (406/16; 407/16) [2017] ZAECBHC 22 (23 February 2017)

Court

Eastern Cape High Court, Bhisho

Case number

406/16; 407/16

Judges

I.T. Stretch, D. Van Zyl

The High Court set aside two magistrates’ court judgments by consent, finding gross irregularities and non-compliance with the National Credit Act and court rules.

• Magistrates Court Act Section 58
• National Credit Act Compliance
• Gross Irregularity
• Consent To Judgment
• Emoluments Attachment Order
• Magistrates-court-act

Uys N.O. and Others v VKB Landbou Limited and Another , In Re; VKB Landbou Limited v Uys N.O. and Another (2180/2013)

Uys N.O. and Others v VKB Landbou Limited and Another , In Re; VKB Landbou Limited v Uys N.O. and Another (2180/2013) [2013] ZAFSHC 227 (5 December 2013)

Court

Free State High Court, Bloemfontein

Case number

2180/2013

Judge

Rampai

The High Court refused leave to appeal, finding no reasonable prospects of success and treating the application as a delay tactic in a debt-enforcement dispute.

• Leave To Appeal
• Declaration Of Executability
• Consent To Judgment
• Judicial Supervision Of Sale
• Rule 46
• Abuse Of Process

ABSA Bank Ltd v Arbee (3117/2011)

ABSA Bank Ltd v Arbee (3117/2011) [2013] ZAKZDHC 8 (15 March 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

3117/2011

Judge

Ndlovu

The court granted judgment under Rule 31(1)(c) after rejecting the defendant’s claim that he signed the consent to judgment under duress.

• Consent To Judgment
• Duress
• Suretyship
• Mortgage Bond
• Rule 31 Application
• Consent-to-judgment

Bisnath N.O and Others v Absa Bank Ltd., Absa Bank Ltd. v Bisnath and Another (117/07, 674/07)

Bisnath N.O and Others v Absa Bank Ltd., Absa Bank Ltd. v Bisnath and Another (117/07, 674/07) [2008] ZASCA 23; [2008] 3 All SA 219 (SCA); 2008 (4) SA 92 (SCA) (27 March 2008)

Court

Supreme Court of Appeal

Case number

117/07, 674/07

Judges

Scott, Cloete, Ponnan, Maya, Snyders

The SCA rejected claims for a R66,000 credit and rental credits, upheld the validity of the special execution order, and set aside the later rule nisi.

• Mortgage Bond Enforcement
• Covering Bonds
• Consent To Judgment
• Sale In Execution
• Credit Allocation
• Possession And Rentals

Njapha and Others v Govender (AR 516/06)

Njapha and Others v Govender (AR 516/06) [2008] ZAKZHC 13 (29 February 2008)

Court

High Courts - Kwazulu Natal

Case number

AR 516/06

Judges

Jappie, Msimang, Madondo

The court held that the appellants, by consenting to the eviction order and agreeing to vacate the property by a specified date, had acquiesced in the order and were precluded from challenging it on appeal. The procedural requirements of PIE were satisfied, and the appellants did not raise any defence or request an enquiry at the time the order was made. The court found no obligation under PIE or the Constitution for the court a quo to conduct an inquisitorial enquiry in the absence of a defence or request from the parties. The doctrine of election prevented the appellants from approbating an…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Consent To Judgment
• Waiver Of Rights
• Balancing Property And Housing Rights