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South Africa decisions
Decisions matching the current search
Van Jaarsveld and Others v Standard Bank of South Africa Limited (1735/2021) [2024] ZANCHC 96 (31 May 2024)
The court dismissed an application for leave to appeal, finding no merit in a challenge to the mortgage bond’s validity and awarding costs on Scale B.
TUHF Urban Finance (RF) Limited v Fountain View Lodge (Pty) Limited and Others (4606/2020) [2021] ZAFSHC 177 (30 June 2021)
The High Court held that TUHF Urban Finance had locus standi to enforce the loan and bond. The debt claim succeeded, but special execution was adjourned sine die.
Nortje and Another v Nedbank Ltd and Others (8667/2019) [2019] ZAWCHC 88 (3 July 2019)
The High Court dismissed an urgent application to stop transfer of a home after sale in execution, holding the challenge to the bond was res judicata and the alleged defect was not fatal.
Absa v Moore [2015] ZASCA 171; 2016 (3) SA 97 (SCA) (26 November 2015)
The court held that fraud vitiated the Moores’ intention to transfer ownership, so transfer and the bank’s mortgage bond were without legal effect.
Moore and Another v Sheriff for the District of Vereeniging and Others (22082/2013) [2014] ZAGPJHC 230 (26 September 2014)
The court found that the agreements concluded by the applicants with Brusson and Kabini were simulated transactions intended to secure a loan rather than transfer ownership of the property. There was no consensus to transfer ownership, and the agreements were unlawful, either as an unlawful pactum commisorium or for contravening the National Credit Act. Consequently, the applicants were entitled to restitution of the property, subject to reinstatement of the previous mortgage bonds and repayment of the amount received from Brusson. The mortgage bond registered in favour of ABSA Bank was set a…
Source excerpt
Rossitier and Others v Nedbank Ltd (8244/10) [2013] ZAKZPHC 13 (25 February 2013)
The court dismissed a rescission application, finding the applicants delayed unreasonably, had waived further notice, and raised no substantive defence.
Rennie NO v Gordon NO and Another (103/87) [1987] ZASCA 101 (24 September 1987)
The court refused condonation for a late appeal record, holding there were no reasonable prospects of success on the merits and ordering costs.
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