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South Africa decisions
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Doola v First Rand Bank Ltd t/a RMB Private Bank and as FNB (2020/13723) [2023] ZAGPJHC 1419 (7 November 2023)
Leave to appeal was refused in a High Court interlocutory matter concerning Rule 35 discovery, appealability, and costs.
Firstrand Bank Limited v Salm and Others (41829/2019) [2023] ZAGPJHC 993 (5 September 2023)
The High Court granted Firstrand Bank judgment, declared mortgaged property specially executable, set a reserve price, and awarded costs.
Noormohamed and Others v Acacia Finance (Pty) Ltd (2012/16759) [2023] ZAGPJHC 735 (26 June 2023)
The High Court dismissed an application for leave to appeal, finding no realistic prospects of success and leaving the settlement order enforceable.
Kgoste v 4 Seasons Logistics CC (9657/2022) [2022] ZAWCHC 229 (9 November 2022)
The court refused rescission of a default judgment and placed 4 Seasons Logistics CC into provisional liquidation for inability to pay its debts.
Slabbert v South African Securitisation Programme (RF) Ltd and Another (2020/41972) [2021] ZAGPJHC 488 (22 September 2021)
The court found that the claims by SASP and Sasfin were properly pleaded in the alternative, as permitted by rule 10(1), and that locus standi would depend on the outcome of the trial regarding the cession. The rental agreement was held not to constitute a credit agreement under the National Credit Act, as it is a true lease where ownership does not pass to the lessee. Therefore, there was no requirement for Sasfin to be registered as a credit provider or to conduct a credit assessment. The exception was dismissed on all grounds, and the court declined to award attorney and own client costs,…
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BSI Steel Limited v Hupertz and Another (912/18) [2020] ZAGPJHC 86 (6 March 2020)
The High Court dismissed leave to appeal against a provisional sentence order, holding that such an order is interlocutory and not appealable.
Absa Bank Limited v Benade and Another (11271/2012) [2019] ZAWCHC 131 (4 October 2019)
The High Court upheld Absa’s claim on an overdraft facility, rejected novation and reckless-credit defences, and declared the mortgaged property executable.
Swart and Others v De Witt (34997/2015) [2018] ZAGPPHC 226 (17 January 2018)
The court held that the dismissal of the exception did not meet the criteria for an appealable order, as it was not final in effect, did not definitively resolve the rights of the parties, and did not dispose of a substantial portion of the relief claimed. The judgment on the applicability of the National Credit Act was interlocutory and subject to reconsideration by the trial court upon presentation of evidence. Therefore, leave to appeal was refused.
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Van der Vyver N.O. and Others v Oss Vrystaat Kaap Bedryf Beperk and Another (5859/2015) [2016] ZAECGHC 47 (21 June 2016)
The High Court dismissed an urgent application to stop execution after a settlement order was breached, holding that a guarantee did not justify a stay.
First National Bank v Clear Creek Trading 12 (Pty) Ltd and Another (1054/2013) [2015] ZASCA 6; 2018 (5) SA 300 (SCA) (9 March 2015)
The SCA held that a Rule 33(4) separated issue was not properly formulated or supported by facts, so the court below should not have decided it.
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