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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 534

FirstRand Bank Limited v Leshaba and Others (2021/40814)

FirstRand Bank Limited v Leshaba and Others (2021/40814) [2023] ZAGPJHC 534 (15 May 2023)

The High Court granted summary judgment to FirstRand Bank and declared mortgaged property specially executable, rejecting overpayment and Rule 32 objections.

  • Summary Judgment
  • Executability Of Property
  • National Credit Act
  • Unjust Enrichment
  • Mortgage Bond Enforcement
  • Summary-judgment
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Civil Procedure [2022] ZAGPJHC 694

V Z v V Z : In re: V Z v V Z (2020/31538)

V Z v V Z : In re: V Z v V Z (2020/31538) [2022] ZAGPJHC 694 (14 September 2022)

The applicant failed to provide a reasonable and acceptable explanation for entering into the consent judgment, as he was a businessperson familiar with contractual agreements and had previously been legally represented. The application lacked bona fides, as it was an attempt to renege on a commercial settlement agreement rather than a maintenance dispute. The applicant did not present a bona fide defence with prospects of success, as his arguments regarding affordability and the impact of Covid-19 did not affect the contractual nature of the agreement. The court found no grounds under common…

  • Rescission Of Judgment
  • Variation Of Court Order
  • Consent Judgment
  • Contractual Settlement
  • Divorce Settlement
  • Executability Of Property
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