South Africa Case Law

Knowledge Objects Healthcare (Pty) Ltd v Inani Prop Holding (Leave to Appeal) (2024/014083)

Knowledge Objects Healthcare (Pty) Ltd v Inani Prop Holding (Leave to Appeal) (2024/014083) [2025] ZAGPPHC 537 (28 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/014083

Judge

Lesufi

The court found that the affidavit deposed by Mr Ramsamy on behalf of the respondent complied with Rule 32(2)(a) of the Uniform Rules of Court. The deponent's position and statements in the affidavit were sufficient to establish personal knowledge of the facts, the cause of action, and the amount claimed. The court distinguished the FirstRand Bank Ltd v Beyers precedent, noting that the facts in Beyers were materially different and did not apply to the present matter. The court held that none of the grounds advanced by the applicant demonstrated reasonable prospects of success on appeal, and…

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• Summary Judgment
• Rule 32 Uniform Rules
• Lease Agreement
• Personal Knowledge Affidavit
• Costs Order

Absa Home Loans Guarantee Company (RF) Pty Ltd and Another v Sibamu Building Contractors (Pty) Ltd and Others (2030/2024)

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)

Court

Free State High Court, Bloemfontein

Case number

2030/2024

Judge

Mhlambi

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 The defence of lis pendens was rejected as the previous actions had been withdrawn, and there was no pending matter on the same cause of action.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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• Summary Judgment
• Mortgage Enforcement
• Suretyship Liability
• Lis Pendens
• Personal Knowledge Affidavit

Standard Bank of South Africa Ltd v Vermeulen (1629/2022)

Standard Bank of South Africa Ltd v Vermeulen (1629/2022) [2022] ZAFSHC 214 (30 August 2022)

Court

Free State High Court, Bloemfontein

Case number

1629/2022

Judge

Africa

The High Court granted summary judgment to Standard Bank on a written guarantee, rejecting the defendant’s claim that he signed in error.

• Summary Judgment
• Guarantee Liability
• Suretyship
• Misrepresentation
• Personal Knowledge Affidavit
• Summary-judgment

Sasfin Bank Limited and Another v Motors Hoogland Bethlehem CC and Others (3719/2020)

Sasfin Bank Limited and Another v Motors Hoogland Bethlehem CC and Others (3719/2020) [2021] ZAFSHC 271 (4 November 2021)

Court

Free State High Court, Bloemfontein

Case number

3719/2020

Judge

Loubser

Summary judgment was granted on a rental agreement debt after the court found the defendants’ misrepresentation and other defences were too vague and unsupported.

• Summary Judgment
• Rental Agreement Breach
• Guarantee Liability
• Misrepresentation
• Consensus
• Personal Knowledge Affidavit

Changing Tides 17 (Pty) Ltd N.O v Rademeyer and Another (1911/2019)

Changing Tides 17 (Pty) Ltd N.O v Rademeyer and Another (1911/2019) [2019] ZAGPPHC 165 (31 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

1911/2019

Judge

R. Strydom

The court held that the summary judgment application, together with the affidavit filed in terms of chapter 10.17 of the Practice Manual, constitutes substantial compliance with Rule 46A. The court rejected the respondents' argument that the affidavits lacked personal knowledge, finding that the deponent's access to all relevant documents and records was sufficient. The court found no merit in the contention that the applications created lis pendens or that the affidavits were defective. The arrears were substantial, and the defendants had not placed any facts before the court to counter the…

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• Summary Judgment
• Rule 46a Executability
• Mortgage Enforcement
• Personal Knowledge Affidavit
• Reserve Price Setting

Nedbank Limited v Louw (2382/2017)

Nedbank Limited v Louw (2382/2017) [2018] ZANCHC 40 (22 June 2018)

Court

Northern Cape High Court, Kimberley

Case number

2382/2017

Judge

L Vuma

The High Court granted summary judgment for Nedbank on return of a financed vehicle after finding the respondent had no bona fide defence and the affidavit was competent.

• Summary Judgment
• Credit Agreement
• National Credit Act
• Personal Knowledge Affidavit
• Consumer Protection
• Summary-judgment

McCarthy Finance, a Division of Wesbank, a Division of Firstrand Bank Limited v Mbambo (13056/2017P)

McCarthy Finance, a Division of Wesbank, a Division of Firstrand Bank Limited v Mbambo (13056/2017P) [2018] ZAKZPHC 12 (8 May 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

13056/2017P

Judge

Chetty AJ

The court found that the Plaintiff, as owner under the instalment sale agreement, was entitled to vindicate its rights to the vehicle, as the Defendant was in unlawful possession and not a party to the agreement. The deponent, Stewart, had sufficient personal knowledge and access to all relevant documentation, satisfying the requirements for summary judgment affidavits. The Defendant's reliance on Shackleton Credit Management was misplaced, as Stewart's position and access distinguished her from the facts in that case. The Defendant failed to raise any bona fide or triable defence, and the pr…

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• Summary Judgment
• Instalment Sale Agreement
• Unlawful Possession
• Personal Knowledge Affidavit
• National Credit Act Compliance

Firstrand Bank Limited v Du Plessis and Others (29137/2016)

Firstrand Bank Limited v Du Plessis and Others (29137/2016) [2018] ZAGPPHC 646 (19 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

29137/2016

Judge

Nowosenetz

Bank succeeded on suretyships for Astradeals’ debt; judgment was granted against the first and third respondents, with interest and attorney-and-client costs.

• Suretyship Liability
• Facility Agreement
• Certificate Of Indebtedness
• National Credit Act Exclusion
• Rectification Of Contract
• Personal Knowledge Affidavit

Standard Bank of South Africa v Van Reenen (86616/2016)

Standard Bank of South Africa v Van Reenen (86616/2016) [2017] ZAGPPHC 189 (18 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

86616/2016

Judge

J J Strydom

The court upheld summary judgment against the third defendant, finding a manifest pleading error caused no prejudice and no bona fide defence was shown.

• Summary Judgment
• Suretyship
• Typographical Error In Claim
• Personal Knowledge Affidavit
• Bona Fide Defence
• Summary-judgment

Standard Bank of South Africa Ltd v Janse van Rensburg and Another (3418/2015)

Standard Bank of South Africa Ltd v Janse van Rensburg and Another (3418/2015) [2016] ZAFSHC 25 (18 February 2016)

Court

Free State High Court, Bloemfontein

Case number

3418/2015

Judge

K J Moloi

The High Court granted summary judgment to Standard Bank, rejecting technical objections to the affidavit and holding that debt-review termination notice was properly delivered.

• Summary Judgment
• National Credit Act
• Debt Review Termination
• Personal Knowledge Affidavit
• Special Executability
• Summary-judgment