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South Africa decisions
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ABSA Bank Ltd v Cengimbo (896/2020) [2025] ZAECMHC 49 (10 June 2025)
The High Court granted ABSA leave to amend its particulars of claim and condoned a late amendment application in a mortgage debt dispute.
Standard Bank of South Africa v Jones (111/2016) [2016] ZAGPPHC 1205 (27 October 2016)
The court held that, following the respondent's default on the debt restructuring order, the applicant was entitled to enforce the loan without further notice, as provided by sections 88(3)(b)(ii) and 129(2) of the National Credit Act. The court accepted the applicant's reliance on relevant case law. However, given the property was the respondent's primary residence and considering the amount of arrears and monthly installment, the court was not satisfied that it was appropriate to declare the property specially executable at this stage. Judicial oversight required the respondent to be given…
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Standard Bank of South Africa Ltd v Van der Merwe and Another (17092/2015) [2016] ZAGPPHC 40 (29 January 2016)
The court found that the applicant's simple summons, together with the attached annexures and the debt-rearrangement order, constituted adequate compliance with the Uniform Rules of Court. The respondents' defence based on the alleged non-compliance with Rule 18(6) was rejected, as a simple summons is not a pleading and does not require the attachment of the entire agreement. The respondents admitted breach of the debt-rearrangement order and failed to demonstrate that all arrears had been paid. The applicant established a proper cause of action and was entitled to summary judgment, including…
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Standard Bank of South Africa Limited v Harilall (6565/2014) [2015] ZAKZDHC 33 (9 April 2015)
The defendant breached the debt restructuring order by failing to pay instalments from January to May 2012. In terms of Ferris v FirstRand Bank Ltd, the plaintiff was entitled to enforce the original credit agreement without further notice. The defendant's defence of impossibility of performance failed as she did not discharge the onus of proving objective impossibility; no evidence was placed before the court regarding her financial circumstances at the relevant time. The plaintiff did not elect to continue with the debt restructuring order by accepting payments after breach, as it promptly…
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Absa Bank Ltd v Wilkie (1201/2013) [2013] ZAECPEHC 55 (3 September 2013)
The High Court refused summary judgment because ABSA failed to establish entitlement to enforce credit agreements under the National Credit Act.
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