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South Africa decisions
Decisions matching the current search
Letsu v Firstrand Bank Limited and Others (18367/2020) [2025] ZAWCHC 293 (14 July 2025)
Costs judgment in a Rule 46A matter over sale-in-execution and bond cancellation figures. The court ordered each party to bear its own costs in the application.
Kukard N.O and Others v ABSA Bank Limited and Others (115284/2023) [2024] ZAGPPHC 1089 (23 October 2024)
The High Court upheld exceptions to the plaintiffs’ particulars of claim, found the pleading lacked necessary averments, and dismissed the early discovery application.
Saunderson v Land and Agricultural Development Bank of South Africa and Others (2024/090625) [2024] ZAGPPHC 1100 (18 October 2024)
The court found that the applicant failed to establish a clear right to the relief sought. Although the applicant disputed liability for legal costs included in the settlement figures for cancellation of the mortgage bond, the terms of the covering bond and associated agreements entitled the first respondent to recover such costs, including those incurred in litigation against JHG Boerdery and its sureties. The dispute regarding liability for legal costs is genuine and cannot be resolved on the papers. The applicant conceded that costs could be claimed against him if a costs order is obtained…
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Mhlari NO and Others v Nedbank Limited (251/2023) [2024] ZASCA 39 (4 April 2024)
The SCA held that a trust loan was void for lack of trustee capacity, but Nedbank’s unjust enrichment claim succeeded because its mistake was reasonable and excusable.
Nuance Investments (Pty) Ltd v Maghilda Investments (Pty) Ltd and Others (13759/2019) [2023] ZAGPJHC 1465 (18 December 2023)
The High Court granted leave to appeal over a mortgage bond dispute, finding a reasonable prospect another court may interpret the bond’s scope differently.
City of Ekurhuleni Metropolitan Municipality v LAPA Property Investments (Pty) Ltd and Others (2018/40589) [2023] ZAGPJHC 1327 (13 November 2023)
The High Court held that the municipal sale agreement was validly cancelled, the City may recover the properties, but only on repayment of the purchase price and discharge of the bond.
President of The Republic of South Africa and Others v Uniqon Developers (Pty) Ltd and Others (29940/22) [2022] ZAGPPHC 794 (24 October 2022)
High Court dismissed an urgent application to stay execution pending rescission, finding no irreparable harm and noting the ownership and bond evidence.
Botha N.O. v Leboko-Radebe and Others (16835/2021) [2022] ZAGPJHC 724 (22 September 2022)
The High Court set aside a fraudulent transfer and mortgage bond over immovable property, holding that ownership did not pass despite registration.
Badenhorst N.O and Others v Fraser and Others (5008/2021) [2021] ZAFSHC 319 (30 November 2021)
The High Court ordered cancellation of a lost mortgage bond after finding the trust had fully repaid the secured loan and related set-off terms were enforceable.
Firstrand Bank Ltd v Registrar of Deeds, Pretoria and Others (44146/2021) [2021] ZAGPPHC 631 (24 September 2021)
The High Court held that a non-prejudice clause allowed cancellation of a second mortgage bond and authorised transfer of the property to the purchaser.
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