South Africa Case Law

Mella and Another v Firstrand Mortgage Company (RF) Limited and Another (2022/020649)

Mella and Another v Firstrand Mortgage Company (RF) Limited and Another (2022/020649) [2025] ZAGPPHC 375 (8 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022/020649

Judge

LG Kilmartin

The High Court dismissed an application to rescind summary judgment and a related interdict, finding no absence, no error, and no basis for common-law rescission.

• Rescission Of Judgment
• Summary Judgment
• Joinder Of Parties
• Matrimonial Property Regime
• Execution Of Immovable Property
• Rescission-of-judgment

Standard Bank of South Africa v Kyriacou and Others (16547/2022)

Standard Bank of South Africa v Kyriacou and Others (16547/2022) [2024] ZAGPPHC 1190 (20 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

16547/2022

Judge

Ntlama-Makhanya

The High Court granted summary judgment on the reserved prayers, holding the suretyship valid and ordering the mortgaged property specially executable.

• Summary Judgment
• Suretyship
• Liquid Document
• Execution Of Immovable Property
• General Law Amendment Act
• Certificate Of Balance

Shackleton Credit Management (Pty) Ltd v J.J.N and Others (1975/2013)

Shackleton Credit Management (Pty) Ltd v J.J.N and Others (1975/2013) [2024] ZAECQBHC 40 (14 May 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1975/2013

Judge

Bloem

The court dismissed an application to declare immovable property executable, finding the second respondent had only a personal right to transfer, not ownership, because registration had not occurred.

• Deeds Registries Act
• Real Vs Personal Rights
• Execution Of Immovable Property
• Divorce Settlement
• Transfer Of Ownership
• Deeds-registries-act

Cline v Cline and Others (2022-039758)

Cline v Cline and Others (2022-039758) [2023] ZAGPJHC 966 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-039758

Judge

Mudau

Default judgment was granted for R7 million under a settlement agreement, with interest, attorney-and-client costs, and the Plett property declared specially executable.

• Default Judgment
• Settlement Agreement
• Execution Of Immovable Property
• Notice Of Bar
• Interest On Debt
• Default-judgment

FirstRand Bank Limited v S.M.B and Others (2022/004866)

FirstRand Bank Limited v S.M.B and Others (2022/004866) [2023] ZAGPJHC 904 (14 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/004866

Judge

WJ Du Plessis

The court held that the divorce settlement agreement made an order of court does not bind the bank, as the bank was not a party to the agreement. Both respondents remain jointly and severally liable under the home loan agreement and mortgage bond, which have not been amended or substituted. The transfer of ownership in immovable property requires registration in the Deeds Registry, and the court order alone does not effect such transfer. The bank complied with section 129 of the National Credit Act by sending the required notice to the correct address, and the proceedings before the Banking O…

Source excerpt

• Summary Judgment
• Mortgage Bond Enforcement
• Divorce Settlement
• Joint And Several Liability
• Execution Of Immovable Property

Business Partners Limited v Mahamba (4568/2016)

Business Partners Limited v Mahamba (4568/2016) [2019] ZAECGHC 17 (26 February 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

4568/2016

Judges

S M Mbenenge, J M Roberson

The court held that the sale of the respondent's property by private treaty was lawful and did not constitute unlawful self-help. The respondent had been served with summons seeking to declare the property executable, thereby affording her the opportunity to approach the court. Instead, she voluntarily entered into a settlement agreement and signed a power of attorney authorising the appellant to sell the property in the event of default. The relevant clauses in the agreement did not require the appellant to obtain a fresh court order before selling the property; rather, they provided the app…

Source excerpt

• Parate Executie
• Suretyship
• Execution Of Immovable Property
• Self Help
• Access To Court
• Pacta Sunt Servanda

Fourie v Land en Landbou van Suid-Afrika (ECJ 2004/037)

Fourie v Land en Landbou van Suid-Afrika (ECJ 2004/037) [2004] ZAECHC 36 (20 October 2004)

Court

High Courts - Eastern Cape

Case number

CA694/2003

Judges

Jansen, Chetty, Maya

The court held that the South Eastern Cape Local Division did not have jurisdiction to declare executable immovable property situated in Alexandria, as the property falls outside its territorial jurisdiction. Section 26(1) of the Supreme Court Act No. 59 of 1959 does not expand the substantive jurisdiction of provincial or local divisions; it only facilitates the procedural aspects of service and execution of process throughout the Republic. The common law position remains that only the court where the property is situated (forum rei sitae) has jurisdiction over such property. The authorities…

Source excerpt

• Jurisdiction Of High Court
• Execution Of Immovable Property
• Forum Re Sitae
• Supreme Court Act Section 26