South Africa Case Law

Absa Bank Ltd v Janse van Rensburg and Another, Absa Bank Ltd v Maree and Another (16071/12, 16815/12)

Absa Bank Ltd v Janse van Rensburg and Another, Absa Bank Ltd v Maree and Another (16071/12, 16815/12) [2012] ZAWCHC 238; 2013 (5) SA 173 (WCC) (24 December 2012)

Court

Western Cape High Court, Cape Town

Case number

16071/12, 16815/12

Judges

Griesel, Fourie, Saldanha

Although a simple summons is not a pleading for purposes of Uniform Rule 18(6), the weight of authority and longstanding practice in the Western Cape High Court require that, where the plaintiff's cause of action is based on a written agreement, a copy of that agreement must be attached to the simple summons. This requirement is supported by judicial precedent and leading authorities on civil procedure. The attachment of foundational documents ensures that the summons discloses a cause of action and enables both the defendant and the court to understand the basis of the claim, which is partic…

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• Simple Summons Requirements
• Attachment Of Documents
• National Credit Act Compliance
• Default Judgment Practice

Standard Bank of South Africa Limited v Gordon and Others (2011/6477)

Standard Bank of South Africa Limited v Gordon and Others (2011/6477) [2011] ZAGPJHC 244 (21 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2011/6477

Judge

W L Wepener

The applicant failed to establish a proper cause of action in the founding affidavit by omitting the loan agreement and first mortgage bond, which were essential to define the debt and the terms of the obligation. The attempt to cure these defects in reply was impermissible, as the founding affidavit must contain all material facts and supporting documents. The applicant also failed to comply with the practice directives set out in Mortinson and Saunderson, which require specific averments and procedural safeguards when seeking execution against immovable property. The court held that these r…

Source excerpt

• Mortgage Bond Enforcement
• Founding Affidavit Requirements
• Default Judgment Practice
• Adequate Housing Right
• Attachment Of Documents

Standard Bank of South Africa Ltd v Gordon and Others

Standard Bank of South Africa Ltd v Gordon and Others [2011] ZAGPJHC 114; 2011/6477 (21 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2011/6477

Judge

W L Wepener

The court dismissed an application to enforce a mortgage bond because the applicant failed to plead the loan agreement and supporting documents properly in the founding affidavit.

• Mortgage Bond Enforcement
• Founding Affidavit Requirements
• Application Procedure
• Adequate Housing Right
• Default Judgment Practice
• Mortgage-bond-enforcement