South Africa Case Law

Briedenhann v Nordien N.O (Appeal) (2115/2021)

Briedenhann v Nordien N.O (Appeal) (2115/2021) [2025] ZANCHC 52 (6 June 2025)

Court

Northern Cape High Court, Kimberley

Case number

2115/2021

Judges

Nxumalo, Stanton, Olivier

The appeal succeeded because the court a quo applied too strict a test in assessing whether the appellant had shown good cause for rescission. The court a quo improperly weighed the merits and made credibility findings at the rescission stage, rather than determining whether the appellant's defence, if established at trial, would entitle him to relief. The appellant's partial payment defence, supported by documentary evidence of livestock delivery, was sufficient to constitute a bona fide defence. The correct test, as set out in Grant v Plumbers, requires only that the defendant set out averm…

Source excerpt

• Rescission Of Default Judgment
• Bona Fide Defence
• Rule 31 Application
• Partial Payment
• Costs Award

City of Johannesburg Metropolitan Municipality v Mojelo Hlazo Attorneys Incorporated and Another (2023/117389)

City of Johannesburg Metropolitan Municipality v Mojelo Hlazo Attorneys Incorporated and Another (2023/117389) [2024] ZAGPJHC 700 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/117389

Judge

Marcus

The High Court dismissed the City of Johannesburg’s leave-to-appeal application, finding no reasonable prospects of overturning factual findings on prescription interruption.

• Prescription Interruption
• Acknowledgement Of Liability
• Partial Payment
• Motion Proceedings
• Leave To Appeal Test
• Leave-to-appeal