South Africa Case Law

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482)

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482) [2025] ZAGPJHC 761 (3 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/115482

Judge

Snyckers

The High Court set aside an ex parte repossession order after finding Catfin relied on generic, unparticularised allegations and failed to justify dispensing with notice.

• Ex Parte Applications
• Material Non Disclosure
• Mandament Van Spolie
• Repossession Of Goods
• Urgent Interdict
• Attorney Client Costs

Caterpillar Financial Services South Africa (Pty) Ltd v Khongo Investments (Pty) Ltd (2025/015339)

Caterpillar Financial Services South Africa (Pty) Ltd v Khongo Investments (Pty) Ltd (2025/015339) [2025] ZAGPJHC 692 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/015339

Judge

JF Pretorius

The court found that Catfin failed to demonstrate exceptional circumstances justifying deviation from the audi alteram partem principle. Catfin did not discharge its duty of utmost good faith, having failed to disclose material facts regarding ongoing negotiations, settlement attempts, and the existence of insurance. The reasons advanced for ex parte relief were speculative and unsupported by evidence. Notice of the application would not have defeated the purpose of the order, especially as Catfin had previously notified Khongo of its intention to bring urgent proceedings. The court held that…

Source excerpt

• Ex Parte Applications
• Reconsideration Under Rule 6 12 C
• Duty Of Utmost Good Faith
• Material Non Disclosure
• Exceptional Circumstances
• Interim Interdicts

De Lange v Benade and Others (2024-084568)

De Lange v Benade and Others (2024-084568) [2025] ZAGPPHC 611 (25 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-084568

Judge

E.M Kubushi

The court struck from the roll an ex parte PIE Act notice application because the eviction grounds differed from the main eviction case and material facts were not fully disclosed.

• Prevention Of Illegal Eviction Act
• Ex Parte Applications
• Notice Requirements
• Cause Of Action Consistency
• Pie-act
• Ex-parte-applications

Ntshosa Madiba Incorporated v Mokhawane and Others (8447/2024)

Ntshosa Madiba Incorporated v Mokhawane and Others (8447/2024) [2025] ZALMPPHC 120 (23 June 2025)

Court

Limpopo High Court, Polokwane

Case number

8447/2024

Judge

Kganyago

The High Court granted the Road Accident Fund leave to intervene, discharged an ex parte rule nisi, and dismissed an application concerning retention of contingency fees.

• Joinder Of Parties
• Ex Parte Applications
• Contingency Fee Agreements
• Non Disclosure Of Material Facts
• Joinder-of-parties
• Ex-parte-applications

Polokwane Local Municipality v Sand Hawks (Pty) Ltd and Others (1775/2025)

Polokwane Local Municipality v Sand Hawks (Pty) Ltd and Others (1775/2025) [2025] ZALMPPHC 110 (9 June 2025)

Court

Limpopo High Court, Polokwane

Case number

1775/2025

Judge

Bresler AJ

The High Court set aside an ex parte eviction order for non-disclosure and abuse of process, discharged the rule nisi, dismissed the application, and ordered punitive costs.

• Ex Parte Applications
• Rule Nisi Anticipation
• Audi Alteram Partem
• Abuse Of Process
• Costs Punitive Scale
• Ex-parte-applications

Bridge Taxi Finance No 05 (Pty) Ltd v Sithele (4948/24 ; 4949/24 ; 4950/24 ; 4946/24)

Bridge Taxi Finance No 05 (Pty) Ltd v Sithele (4948/24 ; 4949/24 ; 4950/24 ; 4946/24) [2025] ZANWHC 93 (5 June 2025)

Court

North West High Court, Mafikeng

Case number

4948/24 ; 4949/24 ; 4950/24 ; 4946/24

Judge

WESSELS

The High Court removed ex parte applications for preservation of taxi vehicles from the roll, finding the affidavits speculative and unsupported.

• Ex Parte Applications
• Interim Interdict
• Credit Agreements
• National Credit Act
• Abuse Of Court Process
• Ex-parte-applications

Meropa Leisure and Entertainment (Pty) Ltd t/a Sun Meropa v Rejasimano Trading (Pty) Ltd t/a Marimba Restaurant and Another (08060/2025)

Meropa Leisure and Entertainment (Pty) Ltd t/a Sun Meropa v Rejasimano Trading (Pty) Ltd t/a Marimba Restaurant and Another (08060/2025) [2025] ZALMPPHC 105 (2 June 2025)

Court

Limpopo High Court, Polokwane

Case number

08060/2025

Judge

Van Wyk ASL

The High Court set aside an ex parte interim order after finding the respondents had not made full and frank disclosure and had not shown exceptional urgency.

• Ex Parte Applications
• Full And Frank Disclosure
• Uberrima Fides
• Audi Alteram Partem
• Rescission Of Order
• Ex-parte-applications

National Director of Public Prosecutions v Livia Transport (Pty) Ltd (540/2024; 5817/2023)

National Director of Public Prosecutions v Livia Transport (Pty) Ltd (540/2024; 5817/2023) [2025] ZAMPMBHC 29 (22 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

540/2024; 5817/2023

Judge

TV Ratshibvumo

The court found that the requirements for a preservation of property order under section 38 of POCA were met, as there were reasonable grounds to believe the truck and trailers were used in the commission of Schedule 1 offences, including theft, fraud, forgery, and contraventions of the Second-Hand Goods Act and Criminal Matters Amendment Act. The innocence or otherwise of Livia Transport was irrelevant to the preservation application. The NDPP did not fail to disclose material information in its ex parte application, as it was not aware of the pending rei vindicatio application and was not a…

Source excerpt

• Preservation Of Property Order
• Rei Vindicatio
• Instrumentality Of Offence
• Ex Parte Applications
• Duty Of Full Disclosure

M.M.S v H.K and Another (2023/117058)

M.M.S v H.K and Another (2023/117058) [2025] ZAGPJHC 88 (7 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/117058

Judge

S D J Wilson

The High Court discharged a rule nisi and dismissed an interdict application and counter-application over disputed defamation and harassment claims, citing material non-disclosure.

• Defamation
• Interdict
• Ex Parte Applications
• Harassment
• Material Non Disclosure
• Interdicts

Wildebeesfontein Properties and Projects v National Director of Public Prosecutions (46195/2021)

Wildebeesfontein Properties and Projects v National Director of Public Prosecutions (46195/2021) [2025] ZAGPPHC 97 (6 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

46195/2021

Judge

Joyini

The High Court dismissed an application to reconsider and discharge a POCA preservation order over bank funds alleged to be proceeds of unlawful land sales.

• Prevention Of Organised Crime Act
• Ex Parte Applications
• Preservation Order
• Audi Alteram Partem
• Forfeiture Of Property
• Proceeds Of Unlawful Activities