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South Africa decisions
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Katlego v Road Accident Fund (4792/2022) [2025] ZAGPJHC 377 (5 April 2025)
The court held that a plaintiff could seek default judgment against the Road Accident Fund without first serving a notice of bar, where no plea was filed and Rule 31(5)(a) was complied with.
Nkosi v Standard Bank of South Africa Limited and Another (2015-93650) [2025] ZAGPPHC 349 (24 March 2025)
The High Court cancelled a sale in execution after the purchaser failed to furnish guarantees for the balance of the price, and dismissed a related bid to reverse the sale.
A.S N.O and Others v M.S (83094/2018) [2024] ZAGPPHC 539 (7 June 2024)
The High Court held that wasted costs from a failed trial enrolment should be costs in the cause, and refused a punitive costs order against the respondent personally.
Mercedes Benz Financial Services SA (Pty) Ltd v Mojela (37455/23) [2024] ZAGPPHC 434 (2 May 2024)
The court held that section 130(3) of the National Credit Act requires matters arising from credit agreements to be determined by 'a court', which means a judge sitting in open court, not in chambers. The statutory definition of 'court' in the Uniform Rules and Superior Courts Act supports this interpretation. Previous case law confirms that a judge in chambers does not constitute 'a court' unless specifically authorised by statute. The Acting Judge President's directive, issued under section 8(6) of the Superior Courts Act, cannot confer jurisdiction on judges in chambers to determine matter…
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Magdalena v Road Accident Fund (24056/2020) [2024] ZAGPPHC 398 (15 April 2024)
The High Court removed a Road Accident Fund trial from the roll because the plaintiff had not first served a notice of bar before proceeding without a plea.
Tobias v Road Accident Fund (11652/2021) [2023] ZAGPPHC 1882 (9 November 2023)
The court refused default judgment because the Road Accident Fund filed a notice to defend before judgment was granted, and ordered wasted costs.
Legoale and Others v Road Accident Fund (2019/31546; 2019/22794; 2019/31545; 2019/37216; 2019/29804) [2020] ZAGPJHC 366 (3 June 2020)
The court dismissed five RAF interlocutory applications seeking to compel agreement on joint experts, holding Rule 36(9A) gave no such right.
Standard Bank of South Africa Ltd v Msibi and Another (43315/16) [2018] ZAGPPHC 384; [2019] 4 All SA 343 (GP); 2020 (1) SA 90 (GP) (16 February 2018)
The court held that, pursuant to the Practice Directive issued by the Judge President under section 7(1) of the Superior Courts Act and section 173 of the Constitution, all action and motion proceedings in Mpumalanga province must be instituted at the designated circuit courts in Mbombela and Middelburg. The directive is clear and binding, and there is no indication that the Judge President acted outside his powers. As both the respondents and the property are situated in Mpumalanga, the North Gauteng High Court lacks jurisdiction to entertain the matter. The point in limine regarding jurisdi…
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Von Landsberg and Another v De Beer (36842/2016) [2017] ZAGPPHC 810 (23 February 2017)
The High Court granted condonation for late leave-to-appeal steps but dismissed the leave to appeal against summary judgment, finding no reasonable prospects of success.
Applications for the Confirmation of three Surrogate Motherhood Agreements (2011/153, 2011/154, 2011/679 , 2011/1314, 2011/1315, 2011/1316), Ex parte [2011] ZAGPJHC 9; 2011 (6) SA 22 (GSJ) (1 March 2011)
The court postponed three surrogate motherhood applications sine die for missing facts, unreliable reports, and non-compliance with the Children’s Act.
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