South Africa Case Law

Cronje and Another v Forgeweld Engineering (Pty) Ltd and Others (96943/2016)

Cronje and Another v Forgeweld Engineering (Pty) Ltd and Others (96943/2016) [2024] ZAGPPHC 816 (22 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

96943/2016

Judge

E van der Schyff

The court found that the applicants failed to meet the requirements for rescission under both Rule 42(1)(a) and the common law. Their absence was elected, not precluded, and they were given proper notice of the proceedings. The explanation provided for their default and the delay in bringing the rescission application was neither reasonable nor satisfactory. The alleged fraud was not substantiated to the high threshold required, as the facts relied upon were merely belated defences and not deliberate misrepresentations. The voluntary surrender proceedings did not suspend legal action, and the…

Source excerpt

• Rescission Of Judgment
• Default Judgment
• Fraud In Civil Proceedings
• Sales In Execution
• Voluntary Surrender
• Locus Standi

Mwaba v Fischer N.O. and Others (2018/16100)

Mwaba v Fischer N.O. and Others (2018/16100) [2022] ZAGPJHC 530 (4 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2018/16100

Judge

Mahomed

The High Court dismissed an application to rescind a final liquidation order, finding no proven fraud, no special circumstances, unreasonable delay, and peremption.

• Company Liquidation
• Rescission Of Judgment
• Fraud In Civil Proceedings
• Peremption
• Business Rescue
• Creditor Rights

Wepener and Another v FirstRand Bank and Others (360/2019)

Wepener and Another v FirstRand Bank and Others (360/2019) [2021] ZANCHC 16 (19 March 2021)

Court

Northern Cape High Court, Kimberley

Case number

360/2019

Judge

Williams

The High Court partly upheld an exception to a pleading, striking interdict-related allegations but allowing fraud and supervening-impossibility claims to stand.

• Rescission Of Judgment
• Fraud In Civil Proceedings
• Supervening Impossibility
• Mortgage Bond Enforcement
• National Credit Act Compliance
• Exception-to-particulars-of-claim

Kondile and Others v The Body Corporate of Aminie (41101/2014)

Kondile and Others v The Body Corporate of Aminie (41101/2014) [2015] ZAGPPHC 845 (11 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

41101/2014

Judge

Kganyago

The High Court granted condonation for a late rescission application but dismissed rescission, finding no proven fraud or good cause under common law.

• Rescission Of Judgment
• Condonation For Late Filing
• Fraud In Civil Proceedings
• Sectional Title Management
• Default Judgment
• Annual General Meeting Disputes

Mangqo v MEC for Department of Social Development, Eastern Cape (563/2008)

Mangqo v MEC for Department of Social Development, Eastern Cape (563/2008) [2012] ZAECMHC 15 (11 October 2012)

Court

Eastern Cape High Court, Mthatha

Case number

563/2008

Judge

Sangoni JP

A counter-application to set aside a prior order for alleged fraud was dismissed because the fraud allegations were not proved with sufficient precision.

• Rescission Of Judgment
• Fraud In Civil Proceedings
• Uniform Rules
• Common Law Remedies
• Rescission-of-judgment
• Fraud-in-civil-proceedings