South Africa Case Law

Allie and Others v Department of Rural Development and Land Reform and Others (LCC 145/2019)

Allie and Others v Department of Rural Development and Land Reform and Others (LCC 145/2019) [2024] ZALCC 16 (8 May 2024)

Court

Land Claims Court

Case number

LCC 145/2019

Judge

Flatela

The court found that the applicants failed to prove that the State Respondents, specifically the Chief Land Claims Commissioner and Regional Land Claims Commissioner, had personal knowledge of the court order dated 14 June 2023. The applicants did not comply with the service directives requiring service on the relevant offices and legal representatives. The requirement for personal service or joinder in contempt proceedings seeking committal is constitutionally mandated to protect the rights of the alleged contemnors. As the applicants did not establish wilful and mala fide non-compliance, an…

Source excerpt

• Civil Contempt Of Court
• Personal Service Requirement
• Joinder Of Parties
• Land Restitution
• Costs Order

Nedbank Limited v Mohlampe (003488/2022)

Nedbank Limited v Mohlampe (003488/2022) [2023] ZAGPJHC 258 (7 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

003488/2022

Judge

Fisher

The High Court dismissed Nedbank’s request for substituted service in a Rule 46A foreclosure matter, holding that personal service had not been shown impossible when the application was launched.

• Substituted Service
• Foreclosure
• Rule 46a
• Personal Service Requirement
• Substituted-service
• Rule-46a

Vermeulens Verf and Gas t/a Vermeulens Build It v Van Eeden and Another (263/2020)

Vermeulens Verf and Gas t/a Vermeulens Build It v Van Eeden and Another (263/2020) [2021] ZANCHC 5 (15 January 2021)

Court

Northern Cape High Court, Kimberley

Case number

263/2020

Judge

Mamosebo

The High Court dismissed a provisional sequestration application, finding no compliant act of insolvency and inadequate service of the writ on the debtor.

• Insolvency Act Section 8
• Nulla Bona Return
• Advantage To Creditors
• Personal Service Requirement
• Insolvency-act-acts-of-insolvency
• Nulla-bona-return

Absa Bank Ltd v Wu and Another (20402/2012)

Absa Bank Ltd v Wu and Another (20402/2012) [2014] ZAGPJHC 46 (14 March 2014)

Court

South Gauteng High Court, Johannesburg

Case number

20402/2012

Judge

Wepener

The court removed a foreclosure default judgment application from the roll for non-compliance with a binding practice directive requiring personal service.

• Foreclosure
• Personal Service Requirement
• Section 26 Right To Housing
• Practice Directive Compliance
• Default Judgment
• Execution Against Primary Residence

ABSA Bank Limited v Wu Chongguang and Another (39305/2013)

ABSA Bank Limited v Wu Chongguang and Another (39305/2013) [2014] ZAGPJHC 43 (14 March 2014)

Court

South Gauteng High Court, Johannesburg

Case number

39305/2013

Judge

Wepener

The High Court removed a foreclosure application from the roll for failing to comply with a practice directive requiring personal service on the consumer.

• Foreclosure
• Personal Service Requirement
• Practice Directive Compliance
• Constitutional Right To Housing
• Default Judgment
• Execution Against Primary Residence