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South Africa decisions
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Borene v SA Taxi Impact Fund (RF) (Pty) Ltd and Another (6989/2022) [2025] ZALMPPHC 43 (13 March 2025)
The High Court dismissed an application to rescind a default judgment, finding the applicant failed to prove fraud or meet the requirements of Rule 42(1)(a).
Nelson Mandela Bay Municipality v Harding (2446/2022) [2024] ZAECQBHC 59 (8 October 2024)
The High Court dismissed an urgent application to stay execution of a judgment and writ after the municipality alleged fraud but failed to substantiate it.
Group Five Construction (Pty) Ltd v Constantia Insurance Company and Others (34068/2019) [2023] ZAGPJHC 233 (15 March 2023)
High Court held that Group Five made valid demands under two construction guarantees, rejected fraud and prescription defences, and upheld Constantia’s indemnity claim.
Minister of Rural Development and Land Reform v Griffo CC (A724/14, 12440/2011) [2019] ZAGPPHC 385 (8 August 2019)
The High Court reinstated and upheld an appeal, set aside earlier orders striking out a defence and refusing rescission, and allowed an amended plea alleging fraud.
Fidelity Security Services (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others (JR 11/2015) [2016] ZALCJHB 252 (20 July 2016)
The Labour Court dismissed an unopposed review of a CCMA award, holding that the employer failed to prove fraud or any reviewable irregularity.
Stoltz v Steenkamp (40060/2009) [2015] ZAGPPHC 1149 (2 December 2015)
High Court appeal-remittal judgment on a disputed combine-harvester sale. The court held the plaintiff did not prove a R750,000 purchase price and dismissed the claim.
Shazi Developments (Pty) Ltd v Elkon Construction CC and Another (08/33274) [2009] ZAGPPHC 10 (19 March 2009)
The court found that the agreement of 16 May 2007 did not cancel the original building contract or the arbitration clause, but merely amended certain terms and obligations. The arbitration agreement remained valid and binding, and the appointment of the arbitrator was properly agreed upon by both parties, both orally and in writing. The Applicant's arguments regarding procedural irregularities, forgery, and fraud were rejected as lacking merit or relevance. The Applicant failed to show good cause for release from the arbitration agreement or for staying the proceedings. The court exercised it…
Source excerpt
Premier Foods Limited v DTS Distributors CC (189/2006) [2006] ZANWHC 26 (6 April 2006)
The High Court discharged an urgent rule nisi after finding no proven fraud and no valid basis for summary cancellation of the parties’ agreement.
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