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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 2029

Mahori and Another v Firstrand Bank Ltd and Others (019229/22)

Mahori and Another v Firstrand Bank Ltd and Others (019229/22) [2023] ZAGPPHC 2029 (12 December 2023)

The High Court dismissed an application alleging NCA contraventions, contempt, fraud, and par delictum consequences arising from a sale in execution and bond reinstatement.

  • National Credit Act
  • Sale In Execution
  • Mortgage Bond Reinstatement
  • Contempt Of Court
  • Fraud
  • Par Delictum Rule
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Land And Property [2023] ZAGPPHC 596

Tskanae and Another v Firstrand Bank Ltd and Others (A250/2021)

Tskanae and Another v Firstrand Bank Ltd and Others (A250/2021) [2023] ZAGPPHC 596 (18 July 2023)

The High Court refused an appeal against reinstatement of a mortgage bond after a sale in execution was set aside. The underlying debt remained unpaid.

  • Mortgage Bond Reinstatement
  • Sale In Execution
  • National Credit Act
  • Judgment Debt
  • Security For Debt
  • Credit Agreement Enforcement
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Civil Procedure [2021] ZAECELLC 3

Standard Bank of South Africa v Malusi (1535/2017)

Standard Bank of South Africa v Malusi (1535/2017) [2021] ZAECELLC 3 (11 February 2021)

The court held the bank was entitled to costs up to the respondent’s answering affidavit, but not for steps taken after the bond was reinstated.

  • Mortgage Bond Reinstatement
  • Costs Award
  • Summary Judgment
  • Attorney And Client Scale
  • Costs-award
  • Mortgage-bond-reinstatement
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Land And Property [2015] ZAGPPHC 913

Cruz N.O and Others v Nedbank Limited and Others (62211/14)

Cruz N.O and Others v Nedbank Limited and Others (62211/14) [2015] ZAGPPHC 913 (18 September 2015)

The court dismissed a trustees’ application to undo a sale in execution and transfer of property, holding that the purchaser was bona fide and protected.

  • Sale In Execution
  • Bona Fide Purchaser
  • Mortgage Bond Reinstatement
  • Default Judgment
  • Transfer Of Property
  • Sale-in-execution
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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.