Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
J.R.S v K.D.Z-S and Another (2025/027753) [2025] ZAWCHC 96 (10 March 2025)
Urgent Hague Convention enforcement application granted, with the Western Cape High Court ordering immediate implementation of the Johannesburg return order and no costs.
Liquidators (Small and Medium Enterprises Bank Limited) v Met Bank Limited (formally Metropolitan Bank of Zimbabwe) (A2023/043983) [2025] ZAGPJHC 216 (25 February 2025)
The Appeal Court found that the Magistrate misdirected herself by relying exclusively on Rule 9(3)(e) of the Magistrates Court Rules and disregarding the requirements and procedures set out in the Foreign Judgment Act. The registration of the Namibian judgment was properly effected by the Clerk of the Court, as evidenced by the court stamp and certification. The absence or late filing of the exchange rate certificate did not render the registration a nullity, given the common monetary area between South Africa and Namibia. The Magistrate's approach failed to consider the intersection of the r…
Source excerpt
Lindsey and Others v Conteh (774/2022) [2024] ZASCA 13; 2024 (3) SA 68 (SCA) (6 February 2024)
The Supreme Court of Appeal held that Californian orders for delivery of shares were not a money judgment or liquid document, so provisional sentence failed.
HM Watch Distributors v Weisz-Vurwerken (15737/2021) [2023] ZAGPPHC 2054 (30 November 2023)
The High Court rescinded a default judgment enforcing a Dutch judgment, finding the applicant had no notice of the enforcement proceedings and showed good cause.
Liquidators (Small and Medium Enterprises Bank Limited) v MET Bank Limited (A2023/043983) [2023] ZAGPJHC 1353 (21 November 2023)
The High Court struck an appeal off the roll because the magistrate’s reasons were missing and the appellant had not sought mandamus to compel them.
Metbank Limited v ABSA Bank Limited and Another (59303/2021) [2022] ZAGPJHC 6 (4 January 2022)
The High Court struck an urgent application off the roll for lack of urgency after finding the applicant had delayed despite knowing of the foreign judgment notice.
R.D.S v S.B.S and Others (19109/2020) [2021] ZAWCHC 218 (2 November 2021)
The High Court postponed an application to recognise a Senegalese divorce order and allowed further affidavits. Condonation for late answering papers was granted.
Trademore (Pty) Ltd v Minister of Trade and Industry and Another (49321/2017) [2019] ZAGPPHC 591 (14 November 2019)
The court held that the Minister's decision to grant permission for enforcement of the Zambian judgment was rational, reasonable, and procedurally fair. The Minister was not required to look beyond the text of the Protection of Business Act for additional guidelines or criteria, nor to elucidate the purpose of the Act beyond its provisions. The discretion conferred by s. 1 of the Act must be exercised in accordance with constitutional principles, particularly favouring access to courts. The applicant failed to identify any factual irregularity or normative standard that the Minister should ha…
Source excerpt
Sterling v Myerson (15837/2016) [2016] ZAWCHC 178 (25 November 2016)
The court found that the defendant failed to establish a bona fide defence to summary judgment. The alleged rectification was unsupported by any detailed evidence of a common intention or agreement to alter the terms of the written acknowledgement of debt. The defendant's version amounted to a unilateral understanding, not a mutual agreement. The pactum de non petendo defence was similarly vague and lacked proof of any agreement suspending enforcement of the debt. The correspondence and meetings referenced by the defendant did not evidence any binding undertaking by the plaintiff not to enfor…
Source excerpt
Elan Boulevard (Pty) Limited v Mahomed (12451/2014) [2016] ZAKZDHC 49 (7 November 2016)
The High Court recognised and enforced a Queensland money judgment in South Africa, finding the respondent had submitted to jurisdiction and that no public policy defence succeeded.
Explore more
