Abedair Aviation Limited and Another v National Airways Corporation Pty Ltd (2022/027413) [2025] ZAGPJHC 643 (26 June 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2022/027413
Judge
Aucamp
The court dismissed an application to declare or rescind a default judgment, finding jurisdiction was established and the suretyship was validly signed.
Isibonelo Property Services (Pty) Ltd v Uchemek World Cargo Link Freight CC and Others (55408/2021) [2023] ZAGPJHC 156 (17 February 2023)
Court
South Gauteng High Court, Johannesburg
Case number
55408/2021
Judge
M Olivier
The High Court dismissed an exception challenging jurisdiction and a lease clause consenting to Magistrates’ Court jurisdiction, awarding costs to the plaintiff.
Standard Bank of SA Ltd v Kekana; Standard Bank of SA Ltd v Mbedu; Standard Bank of SA Ltd v Mayaphi; Standard Bank of SA Ltd v Mbha; Standard Bank of SA Ltd v Van Zyl; Standard Bank of SA Ltd v Rodgers (19167/19; 16945/19; 16365/19; 17242/19; 14294/19; 21309/18) [2020] ZAWCHC 44 (25 May 2020)
The court held that the forum selection clauses in the credit agreements were valid and enforceable. These clauses required that proceedings be instituted in the Magistrates' Court having jurisdiction where the defendant resides or works, provided the amount fell within the Magistrates' Court's jurisdiction. The High Court's jurisdiction was not ousted but delayed, and the parties' agreement did not contravene public policy or statutory provisions. The National Credit Act and Magistrates' Courts Act support the Magistrates' Court as the court of first instance for credit agreement disputes. T…