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South Africa decisions
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Eagle Ukhozi Civils (Pty) Ltd and Another v Eastern Cape Development Corporation (CA211/2022) [2023] ZAECMKHC 59 (9 May 2023)
The High Court upheld an appeal, rescinding a default judgment after finding the appellants showed a reasonable explanation for default and bona fide defences.
Bluebird Logistics (Pty) Ltd v Zululand Bus Services CC and Another (7328/2021P) [2022] ZAKZPHC 55 (21 September 2022)
The High Court refused summary judgment in a disputed debt claim, finding that the respondents raised triable issues about the acknowledgment of debt, business rescue, and locus standi.
Norland Construction (Pty) Ltd v Chris Hani District Municipality (1998/2016) [2016] ZAECGHC 110 (26 October 2016)
The High Court refused summary judgment in a construction contract dispute, finding the municipality had disclosed a bona fide defence and could defend the claim.
Tasima (Pty) Ltd v Department of Transport and Others (44095/12) [2015] ZAGPPHC 787 (13 October 2015)
The High Court granted Tasima leave to appeal against a counter-claim judgment and costs order, and ordered that the appeal be consolidated with a section 18 appeal.
Corporate Premium Cleaning CC v Van Baalen (34431/2013) [2014] ZAGPPHC 774 (18 September 2014)
The High Court held that the respondent unlawfully withdrew R304,279 from the applicant’s bank account without judicial sanction and confirmed repayment, interest, costs, and dismissal of the counter-claim.
Brits and Others v Combined Manufacturers National (Pty) Ltd (JS812/2011) [2014] ZALCJHB 321 (26 August 2014)
The court found that the delay in filing the response to the counter-claim was excessive and the explanation provided by the applicants was neither plausible nor reasonable. The first applicant failed to explain the entire period of delay, and reliance on the unavailability of counsel and attorneys was insufficient. The applicants did not demonstrate reasonable prospects of success in the counter-claim, nor did they raise any valid exceptions to the counter-claim. On a conspectus of all the facts and circumstances, the applicants failed to show good cause for condonation, and it was not in th…
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Grindrod Bank Limited v Torode N.O and Others (55503/11) [2014] ZAGPPHC 281 (13 May 2014)
The court held the loan was an unlawful financial assistance transaction under section 38(1) and dismissed both the bank’s claim and the counterclaim.
Nedbank Limited v D & K Coffin Manufacturers CC (39472/2013) [2014] ZAGPPHC 138 (28 February 2014)
The court refused summary judgment, finding the defendant had raised bona fide defences about the deponent’s authority, cession of debts, and a possible counter-claim.
Ingwe Mabala Construction CC and Another v Landanani Plant Hire CC (AR550/12) [2013] ZAKZPHC 25 (20 May 2013)
The High Court set aside summary judgment because the respondent lacked a clear, accurately liquidated claim and the appellants raised bona fide defences.
Standard Bank of South Africa Ltd v Korea One Africa Construction CC (29043/07) [2012] ZAGPPHC 144 (1 August 2012)
The court found that the defendant undertook to repay R1 million after an unauthorized progress payment and ordered repayment, interest, and costs.
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