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South Africa decisions
Decisions matching the current search
Standard Bank of South Africa Ltd v De Lange and Another (52390/2023) [2025] ZAGPPHC 41 (22 January 2025)
The High Court granted default judgment to Standard Bank, declared mortgaged property executable, set a reserve price of R700,000, and awarded costs.
Mpisane and Another v Nedbank Limited and Another (78351/2019) [2022] ZAGPPHC 361 (30 May 2022)
The High Court dismissed an application to rescind a prior Rule 46A execution order against residential property, finding no error and upholding costs.
Goscor Finance (Pty) Ltd v Mashara Investment Holdings (Pty) Ltd (20/32427) [2021] ZAGPJHC 838 (20 December 2021)
The court found that the applicant had established ownership or, at minimum, beneficial ownership of the leased equipment as contemplated by the lease agreement. The respondent's objections regarding jurisdiction were rejected because the lease agreement expressly conferred jurisdiction on the court, and the respondent had consented to this in the contract. The respondent's locus standi objection was dismissed as the respondent had accepted the applicant's ownership for the purposes of the lease and had taken delivery and used the equipment. The respondent's arguments regarding unlawful termi…
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Andreini and Others v Mbunu and Others (28918/2019) [2021] ZAGPJHC 685 (17 August 2021)
The applicants, as registered owners, lawfully cancelled the lease agreements after the respondents breached by failing to pay rent and utilities. The respondents’ opposition is based on bare denials and unsupported claims regarding refunds and jurisdiction. The jurisdiction clause does not preclude the High Court’s competence. The respondents have no bona fide defence and remain in unlawful occupation. The court considered the personal circumstances of the respondents, including income, dependents, and alleged disabilities, and found they would not be rendered homeless. The applicants compli…
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Bravura Solutions (Pty) Ltd v A1 Capital (Pty) Ltd (12632/2020) [2021] ZAGPJHC 121 (13 May 2021)
The court found that the respondent's technical objections regarding the suspensive condition and non-initialling of the jurisdiction clause were not bona fide defences. The parties' conduct, including the respondent's subsequent initialling, instruction to withdraw liquidation proceedings, and performance under the AOD, demonstrated clear intention to be bound by the agreement. The suspensive condition was not a true bar to enforcement, and rectification was appropriate to reflect the parties' intention. The respondent's challenge to jurisdiction was undermined by its own counterclaim in the…
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