South Africa Case Law

Yablonek v Thomson (10968/2021)

Yablonek v Thomson (10968/2021) [2025] ZAWCHC 261 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

10968/2021

Judge

Sipunzi

The court found that the applicant was not notified of the trial date and his absence was not intentional or deliberate. The explanation for his default was satisfactory and fell within the scope of Rule 42(1)(a). The delay in bringing the rescission application was explained and not unreasonable, considering the applicant's efforts to secure legal representation and obtain trial documents. The applicant demonstrated prospects of success in his counterclaim, which compensated for the delay. On an objective conspectus of all facts, the requirements for rescission under Rule 42(1)(a) were met,…

Source excerpt

• Rescission Of Judgment
• Wilful Default
• Co Ownership Termination
• Universal Partnership
• Delay In Application

Road Accident Fund v Chipofya (22125/18)

Road Accident Fund v Chipofya (22125/18) [2025] ZAWCHC 235 (2 June 2025)

Court

Western Cape High Court, Cape Town

Case number

22125/18

Judge

Lekhuleni

The court found that the applicant's rescission application was brought with substantial and unexplained delay, which alone justified dismissal. The applicant was fully aware of the respondent's immigration status and dual identity at the time of settlement and consent to the order. There was no justus error or fraud; the applicant's explanation was false and misleading. The compromise agreement between the parties, made an order of court, extinguished disputed rights and is res judicata. The Road Accident Fund Act, as interpreted by precedent, includes illegal immigrants as eligible claimant…

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• Rescission Of Judgment
• Road Accident Fund Act
• Illegal Immigrants
• Consent Orders
• Delay In Application

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020)

Ndimande v MEC for Health for Mpumalanga Provincial Government (2905/2020) [2025] ZAMPMBHC 33 (23 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2905/2020

Judge

H F Fourie

The High Court dismissed an application for condonation for late statutory notice against a provincial health department, finding no good cause for a seven-year delay.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Statutory Notice
• Good Cause
• Prejudice
• Delay In Application

Snyman v Phihorah Foods (Pty) Ltd and Others (10072/2024)

Snyman v Phihorah Foods (Pty) Ltd and Others (10072/2024) [2024] ZALMPPHC 139 (8 October 2024)

Court

Limpopo High Court, Polokwane

Case number

10072/2024

Judge

N Gaisa

The High Court struck an urgent application from the roll after finding the applicant delayed too long and failed to show why ordinary proceedings would not suffice.

• Rule 6 12 Urgency
• Striking From Urgent Roll
• Specific Performance
• Delay In Application
• Rule-6-12-urgency
• Urgent-application

Rabboni Centre Ministries v Multisand (Pty) Ltd and Others (Leave to Appeal) (67006/2010)

Rabboni Centre Ministries v Multisand (Pty) Ltd and Others (Leave to Appeal) (67006/2010) [2024] ZAGPPHC 738 (25 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

67006/2010

Judge

Labuschagne

The High Court dismissed Rabboni Centre Ministries' leave-to-appeal bid against refusal of rescission, holding a public road could be created by consent order.

• Public Road Creation
• Consent Order
• Rescission Application
• Vetustas
• Delay In Application
• Public-road-creation

Road Accident Fund v Mgnuni (31389-2019)

Road Accident Fund v Mgnuni (31389-2019) [2024] ZAGPPHC 592 (14 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

31389-2019

Judge

Cowen

The High Court dismissed the RAF’s rescission application, finding no error in the default orders and holding that COVID-19 and delay did not justify relief.

• Rescission Of Judgment
• Default Judgment
• Road Accident Fund Act
• Delay In Application
• Covid19 Impact On Procedure
• Rescission-of-judgment

City of Tshwane Metropolitan Municipality v Mandela Development Corporation (Pty) Ltd and Others (7440/2007)

City of Tshwane Metropolitan Municipality v Mandela Development Corporation (Pty) Ltd and Others (7440/2007) [2024] ZAGPPHC 507 (22 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

7440/2007

Judge

Tuchten

The High Court dismissed the City of Tshwane’s common-law rescission bid against a 2007 consent order, finding no good cause and no acceptable delay explanation.

• Rescission Of Judgment
• Municipal Property Disposal
• Market Value Determination
• Delay In Application
• Rescission-of-judgment
• Municipal-property-disposal

T.M.R v M.R.R - Reasons (184/2004)

T.M.R v M.R.R - Reasons (184/2004) [2024] ZALMPTHC 2 (16 January 2024)

Court

Limpopo High Court, Thohoyandou

Case number

184/2004

Judge

IM Khosa

The applicant failed to bring the variation application within a reasonable time, launching it seventeen years after the divorce order. No substantive application for condonation was made, and the founding affidavit did not set out the requirements for condonation. A conditional prayer for condonation in the notice of motion does not suffice. The court is bound by the pleadings and cannot exercise discretion to grant condonation in the absence of a proper application. The respondent's point in limine for lack of condonation succeeds, and the application is dismissed with costs.

Source excerpt

• Condonation
• Variation Of Court Order
• Deed Of Settlement
• Delay In Application

Highpoint Manufacturing (Pty) Limited v Emerson Assets Holdings (Pty) Ltd and Others (3963/2021)

Highpoint Manufacturing (Pty) Limited v Emerson Assets Holdings (Pty) Ltd and Others (3963/2021) [2023] ZAFSHC 28 (6 February 2023)

Court

Free State High Court, Bloemfontein

Case number

3963/2021

Judge

Mhlambi

The court found that the applicant failed to provide a satisfactory explanation for not issuing the third-party notice before the close of pleadings. The applicant was aware of the third respondent's involvement and the alleged defects well before the relevant dates, as evidenced by correspondence and meetings. The explanation that knowledge of the factory fault only arose after discovery was found to be contradictory and false. Furthermore, the warranty relied upon by the applicant had expired, and any claim based on it was time-barred. On a conspectus of all the evidence and facts, the appl…

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• Third Party Procedure
• Indemnification
• Prescription Act
• Warranty Liability
• Joinder
• Delay In Application

Smith v Parker Beusekom Partnership (773/2021)

Smith v Parker Beusekom Partnership (773/2021) [2023] ZAFSHC 11 (23 January 2023)

Court

Free State High Court, Bloemfontein

Case number

773/2021

Judge

Mhlambi

The court dismissed an application for security for costs under Rule 47, finding delay in bringing it and sufficient assets to protect the applicant.

• Security For Costs
• Peregrinus
• Rule 47 Uniform Rules
• Judicial Discretion
• Delay In Application
• Security-for-costs