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South Africa decisions
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Andtash (Pty) Limited v Olivier and Another (2022/010613) [2023] ZAGPJHC 502 (17 May 2023)
The High Court enforced a loan agreement, rejected a dismissal-based impossibility defence, and declared the respondents’ home executable subject to a reserve price.
FNB v Cronje and Others (3955/2019) [2022] ZAFSHC 145 (24 February 2022)
The court held that the plaintiff, as dominis litis, is entitled to elect which claims to pursue and may amend its particulars of claim to reduce the number of mortgage bonds and properties forming part of its claim. The court found that there is no procedural requirement compelling the plaintiff to seek both monetary and executability relief simultaneously, and failure to do so does not constitute abandonment of security. The court accepted the reasoning in Changing Tides and Standard Bank v Hendricks, rejecting the defendants' reliance on Mokebe to bar the amendment. The court determined th…
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Firstrand Bank Ltd t/a RMB Private bank v Du Plessis and Another (7348/17) [2018] ZAGPJHC 82 (16 February 2018)
The High Court granted judgment for Firstrand Bank, ordered payment of the outstanding loan balance, and declared the property specially executable.
Standard Bank of South Africa Ltd v Trustees for the time being of Smuts Family Trust (21687/2010) [2010] ZAWCHC 623 (10 December 2010)
Unopposed summary judgment was granted to Standard Bank, with the court noting but not deciding a citation issue concerning trustees of a family trust.
Nedbank Ltd v Wizard Asset Holdings (Pty) Ltd and Others (2009/51978) [2010] ZAGPJHC 149; 2010 (5) SA 523 (GSJ) (30 March 2010)
High Court summary judgment case on suretyships and the National Credit Act, with leave to defend granted only on executability of immovable property.
Changing Tides 17 (Pty) Ltd v Dege and Another (55819/2009) [2010] ZAGPPHC 542 (2 February 2010)
Summary judgment granted for the plaintiff on an indemnity claim, after the court held that the defendants disclosed no bona fide defence under the NCA.
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