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South Africa decisions
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Norman Luxury Tours (Pty) Ltd v Stalker Hutchingson Admiral (Pty) Ltd (6616/2022) [2025] ZALMPPHC 104 (30 May 2025)
The High Court dismissed an exception to a plea in an insurance dispute, holding the plea was not vague or embarrassing and could be answered as pleaded.
Shezi v Santam Limited (1109/2023) [2025] ZAFSHC 128 (8 May 2025)
The court granted condonation, held the defendant’s dismissal application was an irregular step for lack of proper Rule 30A notice, and set it aside.
Tshipu v Bryte Insurance Company Limited and Another (056972/2024) [2025] ZAGPPHC 81 (31 January 2025)
The High Court dismissed an insured’s claim for the retail value of a stolen vehicle because he failed to prove compliance with the policy’s tracker requirement.
Ngobeni v PSG Insure and Others (14433/2022) [2024] ZAGPPHC 1158 (5 October 2024)
The High Court dismissed an application to set aside an insurance repudiation and an ombudsman ruling, finding misjoinder, no CPA basis, and no PAJA review.
Global Aviation Investments Pty Limited v Ingosstrakh (2015/32049) [2024] ZAGPJHC 979 (26 September 2024)
The court held that Ingosstrakh’s purported plea to Claim B was invalid because it was filed while under bar, and allowed default judgment to be sought.
King Price Insurance Company Limited v Mhlongo (1016/2022) [2023] ZASCA 152 (15 November 2023)
The Supreme Court of Appeal held that the respondent failed to prove the quantum of his insurance claim as pleaded, because his evidence did not match the pleaded market-value basis.
Alexandra Forbes v Cingo (A94/2022) [2023] ZAGPPHC 1833 (24 October 2023)
The appeal court found that the appellant provided a reasonable and acceptable explanation for its default, which was not wilful or grossly negligent but resulted from an administrative change during a merger and acquisition process. The appellant was unaware of the summons due to the change in the claims handler's email address and took prompt steps to seek rescission upon learning of the default judgment. The court held that the appellant's defences were bona fide and had a prima facie basis, entitling it to an opportunity to be heard. The requirements for rescission under rule 31(2)(b) and…
Source excerpt
Thwala v Miway Insurance Ltd (A230/2021) [2022] ZAGPPHC 477 (8 June 2022)
The High Court held that an order granting rescission of default judgment is not appealable because it is interlocutory and not final in effect.
Alexander Forbes Insurance Insurance Company Limited v Cingo (40210/20) [2021] ZAGPPHC 897 (14 June 2021)
The High Court dismissed an insurer’s rescission application, finding no adequate explanation for default and no bona fide defence with prospects of success.
Legent Motors (Pty) Ltd v Oakhurst Insurance Company Ltd (EL33/2020) [2021] ZAECELLC 5 (23 March 2021)
The court dismissed an exception to a plea in an insurance dispute, finding the defendant’s special pleas on jurisdiction and locus standi were clear and properly pleaded.
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