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South Africa decisions
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ABSA Bank Ltd v Cengimbo (896/2020) [2025] ZAECMHC 49 (10 June 2025)
The High Court granted ABSA leave to amend its particulars of claim and condoned a late amendment application in a mortgage debt dispute.
ABSA Home Loans Fuarantee Company (RF) Proprietary Limited and Another v Govender and Others (4370/2022P) [2024] ZAKZPHC 70 (2 August 2024)
The court granted judgment for the ABSA applicants, ordered payment of the outstanding debt with interest and costs, and declared the property specially executable.
Mashoro Phasha and Other v Kgosiltsile Aaron Mosweu and Others (020142/2022) [2023] ZAGPJHC 654 (7 June 2023)
The High Court upheld ABSA’s exception, finding no pleaded contractual cause of action for a market valuation of the property.
Lazarus and Another v ABSA Bank Limited - Leave to Appeal (676/2017) [2023] ZAECQBHC 31 (30 May 2023)
The High Court dismissed the defendants’ application for leave to appeal, finding no reasonable prospects of success because the documentary evidence clearly showed they owed ABSA Bank Limited.
Sterrenberg v Firstrand Bank Limited (1732/2021) [2023] ZANWHC 37 (6 April 2023)
The High Court dismissed an exception to particulars of claim in a mortgage-loan enforcement matter, finding the pleadings and annexed agreement sufficiently pleaded.
UMMI Properties (Pty) Ltd v ABSA Bank Limited (71053/2016) [2023] ZAGPPHC 38 (23 January 2023)
The High Court granted summary judgment after finding no bona fide defence to the bank’s claim arising from a mortgage loan dispute and continued debit-order deductions.
Firstrand Bank Limited v Naidoo and Another (2020/25892) [2022] ZAGPJHC 766 (19 September 2022)
Leave to appeal was refused in a foreclosure and money-judgment matter. The court found no reasonable prospects of success and noted the late, uncondoned appeal.
ABSA Home Loans Guarantee Company (RF) (PTY) Ltd and Another v ERF 1404 Dainfern CC and Others (41403/2019) [2022] ZAGPJHC 490 (28 July 2022)
The court found that the plaintiffs were entitled to rely on their supplementary affidavit as it was consequential upon the amendment of the defendants' plea, in line with rule 28(8). The constitutional challenge to the National Credit Act was dismissed as the exclusion of juristic persons from its protection has already been upheld as rational and not unfair discrimination. The NCA does not apply to the loan agreement or the suretyship agreements in this case. The defence of reckless credit was rejected both because the NCA does not apply and because the loan agreement's valuation clause pre…
Source excerpt
Absa Bank Limited v Molepo (21651/13) [2020] ZAGPPHC 478 (4 September 2020)
The court granted ABSA Bank leave to amend its particulars of claim to correct the loan terms, debt amounts, interest rate, and related property details.
Ndzamela v ABSA Bank Limited (E3131/2017) [2019] ZAECGHC 40 (22 March 2019)
The High Court dismissed an application to rescind a default judgment, finding no wilful default and no bona fide defence had been shown.
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