South Africa Case Law

UMK Property Developers (Pty) Ltd v Rabie and Another (083931/2024)

UMK Property Developers (Pty) Ltd v Rabie and Another (083931/2024) [2025] ZAGPPHC 567 (9 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

083931/2024

Judge

Minnaar

The Court found that the first respondent had multiple opportunities to oppose the sequestration application or to apply for rescission of the default judgment but failed to act with the required urgency or seriousness. The request for postponement was not supported by a satisfactory explanation, and the purported rescission application was not properly issued. The Court held that a rescission application does not suspend execution of an order unless a specific application for suspension is made. The interests of justice did not warrant further indulgence to the first respondent, and the appl…

Source excerpt

• Final Sequestration
• Postponement Of Hearing
• Rescission Of Judgment
• Default Judgment
• Rule Nisi
• Costs In Sequestration

Cytek Cycles Distributor CC v Bicycle Company (Pty) Ltd and Another (2024/015605)

Cytek Cycles Distributor CC v Bicycle Company (Pty) Ltd and Another (2024/015605) [2025] ZAGPJHC 450 (2 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/015605

Judge

A Liversage

High Court postponement ruling on legal practitioner unavailability, with wasted costs and fee forfeiture ordered after an opposed motion was delayed sine die.

• Postponement Of Hearing
• Wasted Costs
• Legal Practitioner Conduct
• Practice Directives
• Postponement-of-hearing
• Wasted-costs

Arrowgem Limited v Garces (M716/2023)

Arrowgem Limited v Garces (M716/2023) [2024] ZANWHC 286 (20 November 2024)

Court

North West High Court, Mafikeng

Case number

M716/2023

Judge

R D Hendricks

The North West High Court refused to postpone an eviction application pending a related action, finding no adequate basis for delay and awarding costs against the applicant.

• Eviction Proceedings
• Postponement Of Hearing
• Oral Lease Agreement
• Arrear Rental
• Costs Order
• Eviction-proceedings

Dzviti and Another v Ehlers Fakude Incorporated (A6/2024)

Dzviti and Another v Ehlers Fakude Incorporated (A6/2024) [2024] ZAGPPHC 647 (2 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

A6/2024

Judges

Janse van Nieuwenhuizen, Kekana

The High Court dismissed an appeal against an order declaring immovable property specially executable after prior execution against movables and refused a postponement.

• Warrant Of Execution
• Section 66 Magistrates Court Act
• Postponement Of Hearing
• Preferent Creditor Notification
• Civil-procedure
• Warrant-of-execution

Swanepoel v Kanyama and Another (80013/2018; 24993/2019; 8757/2019)

Swanepoel v Kanyama and Another (80013/2018; 24993/2019; 8757/2019) [2024] ZAGPPHC 350 (12 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

80013/2018; 24993/2019; 8757/2019

Judge

Mooki

The High Court dismissed leave to appeal against orders rectifying a deed of sale and granting specific performance, holding the postponement refusal was justified.

• Rectification Of Contract
• Specific Performance
• Postponement Of Hearing
• Ownership Of Immovable Property
• Consolidation Of Applications
• Leave-to-appeal

Chance and Luna (Pty) Ltd and Others v Killarney Country Club (2022/018731)

Chance and Luna (Pty) Ltd and Others v Killarney Country Club (2022/018731) [2024] ZAGPJHC 432 (2 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/018731

Judge

RJ Moultrie

The High Court dismissed a postponement request and then refused leave to appeal, finding no good cause for delay and no reasonable prospects of success.

• Leave To Appeal Threshold
• Postponement Of Hearing
• Eviction Proceedings
• Oral And Tacit Leases
• Leave-to-appeal
• Postponement

Manzana v Magaiza and Another (18440/2022)

Manzana v Magaiza and Another (18440/2022) [2024] ZAGPJHC 143 (20 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

18440/2022

Judge

GC Wright

The High Court dismissed Ms Manzana’s application for leave to appeal against an eviction order, finding no reasonable prospects of success or compelling reason to appeal.

• Eviction
• Leave To Appeal
• Postponement Of Hearing
• Practice Note Requirements
• Leave-to-appeal
• Postponement-of-hearing

Abenta v Walter Sisulu University (EL743/2023)

Abenta v Walter Sisulu University (EL743/2023) [2024] ZAECELLC 2 (8 February 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL743/2023

Judge

Beshe

The High Court reviewed and set aside Walter Sisulu University’s refusal to postpone disciplinary proceedings, finding the process procedurally unfair and expelling the student.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Disciplinary Proceedings
• Student Rights
• Postponement Of Hearing
• Administrative-law

Lyconet Austria Gmbh v Weighelhofor and Others (2023/082122)

Lyconet Austria Gmbh v Weighelhofor and Others (2023/082122) [2024] ZAGPJHC 72 (31 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/082122

Judge

GC Wright

The court extended the provisional liquidation of Lyconet South Africa to allow further preparation and investigation, noting the matter was not ready to proceed.

• Provisional Liquidation
• Postponement Of Hearing
• Ponzi Scheme Allegations
• Provisional-liquidation
• Postponement-of-hearing
• Ponzi-scheme-allegations

T.R.S v U.A.R and Others (2023-019086)

T.R.S v U.A.R and Others (2023-019086) [2023] ZAGPJHC 1225 (27 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-019086

Judge

S D J Wilson

The court postponed a child relocation dispute, restrained the applicant’s deportation pending final determination, and discharged an earlier interdict.

• Relocation Of Minor Children
• Best Interests Of The Child
• Interim Interdict
• Postponement Of Hearing
• Deportation Restraint
• Section 165 Constitution