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South Africa decisions
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Hay v Road Accident Fund (2019/5932) [2025] ZAGPJHC 278 (14 March 2025)
The applicants withdrew a rescission application. The High Court ordered them to pay costs on the attorney-and-client scale because of a contractual costs clause and the way the case was pursued.
Hlatshwayo v First Rand Bank Limited and Others (27859/2015) [2025] ZAGPPHC 679 (8 July 2025)
The High Court granted leave to appeal against an order striking an urgent application from the roll in a property transfer dispute after a sale in execution.
Firstrand Bank Limited v Molutsi and Another (2024/026824) [2025] ZAGPPHC 538 (27 May 2025)
Bank obtained judgment for the outstanding loan amount and execution against mortgaged property after the court found section 129 notice compliance and rejected housing-based objection.
Nedbank Limited v Ngcobo (2023/073022) [2025] ZAGPJHC 478 (20 May 2025)
The respondent admits her default under the home loan agreement and has made no meaningful proposal to settle the outstanding debt. Her offer to pay R25 000 per month is inadequate given the extent of the arrears and compounding interest, and undermines her claim of indigence. The constitutional right to housing does not entitle her to indefinite occupation of the property in the face of prolonged non-payment. The section 129 notice was properly served, and the respondent's failure to act upon it is not legally sustainable. The amount claimed exceeds the jurisdiction of the Magistrates’ Court…
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Nedbank Limited v Umvoti Traders 1006 CC and Another (1600/2022) [2025] ZAECMKHC 30 (18 March 2025)
The applicant satisfied the requirements of rule 46A for execution against the primary residence. The sheriff's nulla bona return confirmed no movable assets were available. The second respondent failed to provide sufficient evidence of alternative means to settle the debt, despite claiming improved financial circumstances and proposing a monthly payment plan. The court found the proposal inadequate and unsupported by evidence. The applicant's compliance with rule 46A and the lack of acceptable alternatives justified execution against the property. The reserve price was set at R 1,377,610, ca…
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ABSA Bank Limited v Mabunda N.O in his capacity as trustee of Mbunda family trust and Others (5064/2021) [2025] ZAMPMBHC 18 (5 March 2025)
The High Court granted default judgment for a mortgage debt, declared trust-owned immovable property specially executable, and set a reserve price.
Absa Home Loans Guarantee Company (RF) Pty Ltd and Another v Sibamu Building Contractors (Pty) Ltd and Others (2030/2024) [2025] ZAFSHC 84 (28 February 2025)
The court found that the respondents failed to disclose any bona fide defence or raise a triable issue fit for trial. The deponent's position as senior legal advisor in the home loans recoveries division was sufficient for verifying the facts and amounts claimed. The respondents admitted the agreements and their liability, and their plea amounted to a bare denial without contesting the terms and conditions. The defence of lis pendens was rejected as the previous actions had been withdrawn, and there was no pending matter on the same cause of action. The requirements for summary judgment were…
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Investec Bank Limited v T.R.L and Another (12503/2021) [2025] ZAGPPHC 177 (25 February 2025)
The High Court reduced the reserve price for a primary-residence sale in execution from R2 million to R1.6 million under Rule 46A(9).
ABSA Bank Home Loans Guarantee Company (RF) (Proprietary Limited) and Another v Kamanga (EL 780/2024) [2025] ZAECELLC 3 (4 February 2025)
The High Court granted summary judgment to ABSA for R5.59 million, finding the defendant raised no bona fide defence to the mortgage debt.
Nedbank Limited v Muniah N.O and Others (D5020/2019) [2024] ZAKZDHC 76 (25 October 2024)
Application to reconsider a reserve price in a sale-in-execution was dismissed for procedural non-compliance and lack of updated valuation material.
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