South Africa Case Law

Hyprop Investments Limited v New Age Concepts (Pty) Limited t/a Reads (2023/028461)

Hyprop Investments Limited v New Age Concepts (Pty) Limited t/a Reads (2023/028461) [2024] ZAGPJHC 577 (20 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/028461

Judge

Mudau

The court found that, although the mortgage bond contained a cession of rights to Nedbank, the relevant clauses (8.2 and 8.3) provided for automatic re-cession of rights to the applicant upon the institution of legal proceedings or the issuing of a letter of demand, unless there was a default requiring Nedbank's consent. As no default was alleged, the applicant's rights to enforce the lease and seek ejectment were automatically re-ceded. The court distinguished the present case from Picardi Hotels, noting the different wording of the bond. The applicant, as owner, retained the right to posses…

Source excerpt

• Ejectment
• Locus Standi
• Mortgage Bond Cession
• Lease Termination
• Costs On Attorney Client Scale

Dube and Another v Standard Bank of SA Limited and Others (2020/21164)

Dube and Another v Standard Bank of SA Limited and Others (2020/21164) [2023] ZAGPJHC 18 (13 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/21164

Judge

P V Ternent

The High Court granted a postponement so the Bank could file a further affidavit with key documents, but refused punitive costs and ordered party-party wasted costs.

• Postponement Of Proceedings
• Filing Of Further Affidavit
• Rescission Of Judgment
• Mortgage Bond Cession
• Punitive Costs
• Documentary Evidence Disclosure

Mike Sellick Trust (Pty) Ltd v Clarbex (Pty) Ltd and Another (1238/1991)

Mike Sellick Trust (Pty) Ltd v Clarbex (Pty) Ltd and Another (1238/1991) [2013] ZAKZPHC 2 (16 January 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1238/1991

Judge

Koen

The court dismissed an application to stay writs of execution over immovable property, finding no prima facie case that the judgment debt had been extinguished.

• Stay Of Execution
• Mortgage Bond Cession
• Judgment Debt Extinguishment
• Sale In Execution
• Stay-of-execution
• Mortgage-bond-cession