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South Africa Case Law

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Civil Procedure [2018] ZAGPPHC 554

Firstrand Bank Limited (FNB Division) v Schalwyk (41874/2017)

Firstrand Bank Limited (FNB Division) v Schalwyk (41874/2017) [2018] ZAGPPHC 554 (1 August 2018)

The High Court dismissed Firstrand Bank’s summary judgment application, holding that the respondent had raised a bona fide defence about the calculation of interest and indebtedness.

  • Summary Judgment
  • Mortgage Bond Dispute
  • Interest Rate Calculation
  • Bona Fide Defence
  • Summary-judgment
  • Mortgage-bond-dispute
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Civil Procedure [2018] ZAWCHC 20

Mboso v Standard Bank of South Africa (19416/2016)

Mboso v Standard Bank of South Africa (19416/2016) [2018] ZAWCHC 20 (19 February 2018)

The High Court granted condonation and rescinded a consent judgment, allowing the applicant to defend a mortgage-bond dispute.

  • Rescission Of Judgment
  • Mortgage Bond Dispute
  • Authority Of Attorney
  • Right To Housing
  • Condonation
  • Fraudulent Transactions
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Civil Procedure [2016] ZAGPPHC 1137

Absa Bank Limited v Baloyi and Another In re: Absa Bank Limited v Baloyi and Others (9850/2000)

Absa Bank Limited v Baloyi and Another In re: Absa Bank Limited v Baloyi and Others (9850/2000) [2016] ZAGPPHC 1137 (26 October 2016)

The High Court rescinded a default judgment after finding the applicant had not received notice of set down and the 2014 order was erroneously granted.

  • Rescission Of Judgment
  • Default Judgment
  • Notice Of Set Down
  • Mortgage Bond Dispute
  • Loan Agreement Breach
  • Rescission-of-judgment
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Civil Procedure [2014] ZAGPJHC 408

Van Niekerk and Others v Absa Bank Limited (8763/2013)

Van Niekerk and Others v Absa Bank Limited (8763/2013) [2014] ZAGPJHC 408 (15 December 2014)

The High Court rescinded a default judgment after finding service irregular where papers were handed to a security guard at a gated community entrance.

  • Rescission Of Judgment
  • Irregular Service
  • Mortgage Bond Dispute
  • Default Judgment
  • Uniform Rule 42
  • Rescission-of-judgment
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.