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South Africa decisions
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Standard Bank of South Africa Limited v Motha and Another (6692/2015) [2024] ZAGPPHC 1191 (19 November 2024)
Default judgment was granted on a home loan claim, with the respondents’ primary residence declared specially executable and sold in execution without a reserve price.
SB Guarantee Company (RF) Proprietary Limited v Vestgro Capital (Pty) Ltd and Another (45317/2021) [2024] ZAGPPHC 605 (25 June 2024)
The High Court granted summary judgment on a home-loan debt, rejected a postponement request, and declared the first defendant’s property specially executable.
SB Guarantee Company (RF) Proprietary Limited v Double Delight Investments 1 CC and Another (2022/053688) [2024] ZAGPPHC 62 (1 February 2024)
The court found that the respondents' explanation for the late filing of their affidavit resisting summary judgment was wholly insufficient and did not provide a valid reason for the delay. The non-compliance with the rules was flagrant, and no acceptable explanation was offered. The technical objections raised by the respondents regarding the certificate of balance and the alleged non-fulfilment of suspensive conditions did not constitute bona fide defences. The suspensive conditions operated in favour of SBSA, and absent written notice of withdrawal or termination, the agreements remained v…
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Tlhabanyane v Standard Bank of South Africa Limited (92483/19) [2023] ZAGPJHC 1489 (16 October 2023)
The applicant failed to provide a full and reasonable explanation for the 18-month delay in filing his plea, with none of the four explanations covering the entire period or aligning with the chronology of events. The applicant did not demonstrate bona fides or a bona fide defence, as his defences were either unfounded or dilatory. The right of access to courts under section 34 of the Constitution was not violated by the application of Rule 27, as the applicant did not challenge the constitutionality of the rule or develop the argument. The court, exercising its discretion under Rule 27, foun…
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Standard Bank of South Africa Limited v Meyer (149/2021) [2023] ZAFSHC 241 (22 June 2023)
The court found that no binding settlement agreement was reached that would preclude the Bank from pursuing its claim for costs. The payments made by the defendant were considered indulgences rather than waivers of the Bank's rights. The court held that the contractual provision for costs on an attorney and client scale was applicable, as there were no compelling reasons to depart from the agreement. The defendant's reliance on advice from an advocate who was later found guilty of fraud did not justify a deviation from the contractual costs provision. The court exercised its discretion and aw…
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SB Guarantee Company (RF) Proprietary v Mahlangu (3979/2020) [2023] ZAFSHC 13 (23 January 2023)
The court dismissed summary judgment, holding the plaintiff had not shown a perfected right of action under the indemnity for the later loan breach.
Absa Bank Limited v Motsepe (25761/2021) [2022] ZAGPPHC 900 (22 November 2022)
The High Court dismissed Absa’s summary judgment application over a home-loan debt, finding procedural and evidentiary defects and uncertainty about the amount claimed.
Firstrand Bank Limited v Makua (18093/2021) [2022] ZAGPPHC 276 (3 May 2022)
The High Court upheld an exception to a counterclaim in a home-loan dispute, finding the pleadings failed to disclose a cause of action and ordering amendment.
Standard Bank of South Africa Limited v Phalane and Another (2019/25638) [2022] ZAGPJHC 69 (7 February 2022)
The High Court refused a bank’s summary judgment and execution application over a home loan dispute, finding triable issues about the amount advanced, fees, and interest.
Kedibone v Standard Bank of South Africa Ltd (60518/14) [2015] ZAGPPHC 869 (18 December 2015)
The High Court granted rescission of default judgment after finding the applicant gave a reasonable explanation for not defending and raised a bona fide defence.
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