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South Africa decisions
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Shapiro v Wolpe (2024/060632) [2025] ZAGPJHC 752 (30 July 2025)
The High Court granted provisional sequestration against Jonathan Wolpe, finding a prima facie unjust enrichment claim, insolvency indicators, and advantage to creditors.
Mercedes-Benz Finance and Insurance, a Division of Mercedes-Benz Financial Services South Africa (Pty) Ltd v Thobejane (16432/2019) [2025] ZAGPPHC 733 (28 July 2025)
The court found that the respondent breached the settlement agreement, which was made an order of court, by failing to make the required payments. The respondent's defences regarding alleged fraudulent conduct and procedural irregularities were unsupported by evidence and did not constitute valid grounds to prevent enforcement of the order. The court held that substance must be preferred over form, and any procedural irregularity in the application was condoned, as the respondent suffered no prejudice and had ample opportunity to respond. The applicant was entitled to judgment in terms of the…
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Nedbank Limited v Ndawala and Others (2022/002174) [2025] ZAGPJHC 732 (24 July 2025)
The court found that the first respondent was indebted to the applicant under the home loan agreement, with arrears exceeding R977,923.49 and no credible payment arrangements made since August 2021. Statutory compliance with the National Credit Act was established. The respondent's claims regarding alternative means of satisfying the debt, such as shares and potential business funding, were unsupported by evidence and lacked credibility. The defences raised, including reckless lending and excessive interest, were contradicted by the respondent's own admissions and the terms of the loan agreem…
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Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023) [2025] ZAFSHC 180 (18 June 2025)
The High Court declared a primary residence specially executable, accepted an updated sworn valuation, set a reserve price, and dismissed procedural objections.
SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419) [2025] ZAGPPHC 599 (5 June 2025)
The High Court granted judgment on a securitized home-loan claim, declared the property specially executable, and set a reserve price for sale in execution.
Nedbank Limited v Varoyi (9102/2024) [2025] ZAWCHC 241 (3 June 2025)
High Court summary judgment was granted on a credit agreement debt after the defendant failed to raise a bona fide defence to the claimed balance.
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.
Wesbank a division of Firstrand Bank Limited v Blackatunity Proprietary Limited and Another (2024/004956) [2025] ZAGPJHC 673 (5 May 2025)
The court found that the respondents' defence regarding the proper interpretation of the cancellation clause in the instalment sale agreement raised a bona fide triable issue. Specifically, the respondents' argument that the applicant was contractually obliged to give notice of breach before cancellation, and that the agreement's clause 11.1 could reasonably be interpreted as requiring a two-step process, was not without substance and could succeed at trial. The court held that it was undesirable to terminate the litigation at the summary judgment stage when such a defence existed. The court…
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ABSA Bank Limited v Khambule (2019/003137) [2025] ZAGPJHC 426 (2 May 2025)
Summary judgment was granted to ABSA for an outstanding bond debt, and the bonded property was declared preferentially executable, with execution suspended until 1 August 2025.
Standard Bank of South Africa Limited v Amra (4781/2023) [2025] ZAFSHC 104 (20 March 2025)
The court found that the plaintiff had clearly established its claim for the outstanding loan amount, interest, and insurance premiums, and had complied with the procedural requirements for summary judgment. The defendant's defences, including alleged non-compliance with the National Credit Act and uncredited payments, were found to be unsubstantiated and lacking in particularity. The court held that service of the section 129 notice was valid, both at the defendant's chosen domicilium and by registered mail to addresses admitted by the defendant. The defendant failed to provide sufficient de…
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