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South Africa decisions
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Jordan v City of Johannesburg Metropolitan Municipality and Others (2025/055433) [2025] ZAGPJHC 611 (13 June 2025)
The High Court upheld a point in limine that the applicant lacked locus standi in an urgent municipal-services dispute and dismissed the application with costs.
Ndamase v First Rand Bank Ltd and Another (Leave to Appeal) (024968/24) [2025] ZAGPPHC 297 (18 March 2025)
The High Court dismissed condonation and leave to appeal, finding no satisfactory explanation for delay and no reasonable prospects of success.
Ekurhuleni Metropolitan Municipality v Great Cormorant Investments 75 (Pty) Limited (23073/2022) [2025] ZAGPJHC 177 (25 February 2025)
The High Court dismissed a prescription special plea, finding that the debt only became due when an arbitration award fixed the rental on 18 September 2020.
Nu-Shop Holdings (Pty) Ltd v Kasle Properties (Pty) Ltd (D9608/2021) [2024] ZAKZDHC 51 (14 August 2024)
The High Court removed a bar and condoned the late delivery of a plea, finding the delay explained by attorney negligence that was not gross enough to deny relief.
JPJ Medical (Pty) Ltd and Another v Abland (Pty) Ltd (36497/2019) [2024] ZAGPPHC 770 (30 July 2024)
The High Court dismissed a rescission application, finding no convincing explanation for default and no sufficiently shown prospects of success on the defence or counterclaims.
Devenco Investments 21 (Pty) Ltd v White Hall Trading and Projects 64 CC and Another (HCA64/2023) [2024] ZALMPPHC 70 (22 July 2024)
The High Court dismissed an appeal over disputed lease terms, finding the relied-on agreement had been unilaterally amended and did not bind the respondents.
K2022290842 (South Africa) (Pty) Ltd t/a Appetite v Government Employees Pension Fund represented by The Public Investment Corporation SOC Ltd ("GEPF") and Another (D8281/2022) [2023] ZAKZDHC 86 (15 November 2023)
The court dismissed an application to compel consent for a liquor licence because the lease’s validity was in genuine dispute and motion proceedings were unsuitable.
Broadband Infraco SOC Limited v Eskom Holdings SOC Limited and Another (2023/062380) [2023] ZAGPJHC 1343 (13 November 2023)
The High Court found Eskom in contempt for failing to comply with an interim order, holding that leave to appeal did not suspend the order under section 18(2).
Member of the Executive Council for the Department of Human Settlements, Gauteng v Bobworth Investment Propriety Limited (A5042/2020 ; 2018/23489) [2023] ZAGPJHC 517 (19 May 2023)
The High Court set aside summary judgment, finding the claim particulars vague and embarrassing and the supporting affidavit unreliable. Leave to defend was granted.
Shree Property Holdings (Pty) Ltd v Clarks Auto Holdings (Pty) Ltd t/a Clint Panel Beaters and Others (03406/2022) [2022] ZAKZDHC 49 (28 October 2022)
The court found that the defendants had disclosed the nature and grounds of their defence, supported by photographs, correspondence, and an engineer's report. The defence was not delivered solely for the purpose of delay and, if proved at trial, could constitute a good defence to the plaintiff's claim. The court held that summary judgment proceedings are not intended for the court to investigate the probabilities of success, but only to determine whether a bona fide defence exists. Accordingly, summary judgment was refused and the defendants were granted leave to defend.
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