South Africa Case Law

Sawindu 08 RF (Pty) Ltd v Machedi and Another (2021/1525)

Sawindu 08 RF (Pty) Ltd v Machedi and Another (2021/1525) [2024] ZAGPJHC 1094 (8 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/1525

Judge

A Friedman

The court held that, although the respondents failed to comply with the procedural requirements for filing an answering affidavit, strict adherence to procedure should not override the constitutional right to housing. The court found that the respondents should be afforded a final opportunity to file a condonation application to motivate for the admission of their answering affidavit. If the respondents fail to do so within the prescribed period, the applicant may proceed to enroll the default judgment application on the unopposed roll, and costs will be taxed on an opposed basis. The court e…

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• Default Judgment
• Condonation Application
• Primary Residence Executability
• Rule 46a
• Section 26 Constitution

Firstrand Bank Ltd ta FNB Homeloans v Molefe (2022-060705)

Firstrand Bank Ltd ta FNB Homeloans v Molefe (2022-060705) [2024] ZAGPPHC 179 (21 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-060705

Judge

Swanepoel

The court found that the plaintiff had established its claim under the loan agreement and mortgage bond, and that the defendant's defences were without merit. The defendant admitted entering into the loan agreement and receiving the funds, and her denial of signing the agreement was not supported by evidence. The jurisdictional challenge was dismissed in line with Constitutional Court authority. The court held that the section 129 notice and summons were properly served at the defendant's chosen domicile address. The constitutional right to housing did not preclude an order of executability,…

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• Summary Judgment
• Mortgage Bond Enforcement
• Primary Residence Executability
• Jurisdiction
• Reckless Lending
• Section 129 Notice

Nedbank Limited v Vika Investments Trust and Others (24058/2021)

Nedbank Limited v Vika Investments Trust and Others (24058/2021) [2024] ZAGPJHC 27 (17 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

24058/2021

Judge

Mahomed

The court found that the trust, as principal debtor, did not oppose the summary judgment application and that the sureties' opposition was unsupported by confirmatory affidavits or substantive evidence. The National Credit Act does not apply to trusts, which are juristic persons, nor to sureties acting through such trusts. The defence of reckless credit and reliance on consumer protections under the Act was rejected. The court held that the defendants failed to raise a bona fide defence or provide sufficient evidence regarding the impact of execution on their constitutional rights. Due to ins…

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• Summary Judgment
• Debt Restructuring
• Suretyship
• National Credit Act
• Primary Residence Executability
• Constitutional Right To Housing

Assetline South African (Pty) Ltd v M Brothers XY Group (Pty) Ltd t/a African Engineering Technology Institute and Another (34171/2021)

Assetline South African (Pty) Ltd v M Brothers XY Group (Pty) Ltd t/a African Engineering Technology Institute and Another (34171/2021) [2023] ZAGPJHC 790 (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

34171/2021

Judge

G Malindi

Leave to appeal was dismissed after the court found no reasonable prospects of success and no basis for condonation of the late filing.

• Leave To Appeal
• Condonation For Late Filing
• Interest Rate Dispute
• In Duplum Rule
• Primary Residence Executability
• Leave-to-appeal

Standard Bank of South Africa Limited v Lamont (17022/2018)

Standard Bank of South Africa Limited v Lamont (17022/2018) [2022] ZAGPJHC 3; 2022 (3) SA 537 (GJ) (25 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

17022/2018

Judge

Keightley

High Court granted summary judgment on a home loan debt and declared the primary residence executable, but suspended execution for four months for a private sale.

• Uniform Rule 46a
• Summary Judgment
• Reckless Credit
• National Credit Act
• Primary Residence Executability
• Summary-judgment

Nedbank Ltd v Nxumalo (86879/18)

Nedbank Ltd v Nxumalo (86879/18) [2021] ZAGPPHC 642 (30 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

86879/18

Judge

Mabuse

The court granted default judgment for the loan debt and interest, but postponed the Rule 46A application to declare the defendant’s home specially executable.

• Mortgage Bond Enforcement
• Default Judgment
• Primary Residence Executability
• National Credit Act Compliance
• Default-judgment
• Rule-46a

SB Guarantee Company (RF) Proprietary Limited v Pule and Another (62497/2020)

SB Guarantee Company (RF) Proprietary Limited v Pule and Another (62497/2020) [2021] ZAGPPHC 619 (17 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

62497/2020

Judge

C B Bhoola

High Court refused summary judgment in a bond-enforcement matter, finding triable issues about alleged repayment arrangements and receipt of section 129 notices.

• Summary Judgment
• Mortgage Bond Enforcement
• National Credit Act Compliance
• Primary Residence Executability
• Indemnity Agreement
• Notice Requirements

Nedbank Limited v Pettitt and Another (24418/2019)

Nedbank Limited v Pettitt and Another (24418/2019) [2021] ZAGPJHC 74 (4 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

24418/2019

Judge

Gilbert AJ

The court found that the plaintiff had failed to comply substantively with the requirements of Uniform Rule 46A and Chapter 10.17 of the Practice Manual, as neither a separate Rule 46A application nor a Chapter 10.17 affidavit was filed. The information before the court was outdated and incomplete, and the supplementary practice note and emailed documents did not constitute proper evidence. The absence of an appearance or confirmation from the defendants regarding the alleged settlement agreement meant the court could not be satisfied that the defendants had agreed to the execution order or r…

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• Summary Judgment
• Foreclosure
• Rule 46a Compliance
• Primary Residence Executability
• Reserve Price Setting

Firstrand Bank Limited v Crouse and Another (21428/2016)

Firstrand Bank Limited v Crouse and Another (21428/2016) [2020] ZAGPJHC 322 (7 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

21428/2016

Judge

A Lamprecht

The High Court postponed a bank’s foreclosure trial sine die after late Rule 46A amendments and a change of defence attorneys left the defendants unprepared.

• Postponement Of Trial
• Mortgage Bond Enforcement
• Primary Residence Executability
• Rule 46a Compliance
• National Credit Act
• Judicial Oversight

Standard Bank of South Africa Limited v Boast (20789/2019)

Standard Bank of South Africa Limited v Boast (20789/2019) [2020] ZAGPJHC 376 (17 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

20789/2019

Judge

UYS

The High Court granted Standard Bank judgment on a home-loan debt, upheld cancellation under the NCA, and declared the respondent’s primary residence specially executable.

• Mortgage Enforcement
• National Credit Act
• Primary Residence Executability
• Reserve Price Determination
• Authority Of Deponent
• Contract Cancellation