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South Africa decisions
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Van Der Linde NO obo M Robiyana v Road Accident Fund (1453/2021) [2022] ZAECQBHC 1 (15 March 2022)
The High Court dismissed an exception to a summons seeking to set aside a consent judgment allegedly entered without required authority.
Chauke v Kingdom of Netherlands and Others (62092020) [2021] ZAGPPHC 43 (28 January 2021)
The High Court upheld exceptions to a plaintiff’s summons as materially defective and incomprehensible, and ordered costs against the plaintiff.
ABSA Homeloans Guarantee Company (RF) and Another v Nondumo and Another (1472/2019) [2020] ZAMPMHC 43 (21 August 2020)
The High Court dismissed an exception to a bank foreclosure summons, finding the section 129 notice and material averments sufficient.
Marde (Pty) Limited v J Con Construction (Pty) Limited In Re J Con Construction (Pty) Limited v Marde (Pty) Limited (947/2020) [2020] ZAFSHC 263 (20 August 2020)
The High Court dismissed an exception, holding that the Housing Consumer Protection Measures Act does not plainly extend to alterations to an existing home.
Mkhutsane and Others v Pule and Others (2477/2016) [2017] ZAFSHC 117 (6 July 2017)
The High Court upheld an exception to a summons, finding the plaintiffs’ particulars of claim vague and embarrassing because of conflicting death dates and inadequate pleading.
Thatheng t/a Sheriff of Witsieshoek v Balden Vogel and Vennote Inc. Attorneys and Another (5508/2015) [2016] ZAFSHC 72 (12 May 2016)
The High Court dismissed an exception to a sheriff’s summons for fees, but suspended further proceedings until the sheriff taxed his charges.
Absa Bank Limited v Bjorkman and Another (3332/13) [2015] ZAGPPHC 127 (13 February 2015)
The court found that the plaintiff's cause of action was based on the loan agreement annexed to the summons, and not on the mortgage bonds, which serve only as security. The plaintiff complied with Rule 18(6) by annexing the relevant loan agreement and the standard mortgage conditions. The court held that the notice requirements under clause 14.2.1 of the agreement and section 129 of the National Credit Act were satisfied, as the plaintiff sent the required notices to the first defendant. The amount claimed was supported by the certificate of balance, and any dispute regarding the quantum doe…
Source excerpt
Akd Communications (Pty) Ltd and Others v Business Partners (Pty) Ltd (5659/2011) [2012] ZAGPPHC 6 (10 January 2012)
The court refused condonation for a late opposing affidavit and granted summary judgment, finding the applicants’ exception-based defences were not bona fide.
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