South Africa Case Law

Mphuthi v Road Accident Fund (34766/2021)

Mphuthi v Road Accident Fund (34766/2021) [2024] ZAGPPHC 1205 (20 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

34766/2021

Judge

M Krüger

The defendant's notice of intention to defend and plea were not properly delivered as required by the Uniform Rules of Court, lacking the plaintiff's consent for electronic service. The defendant failed to provide valid reasons for the late filing and non-compliance, relying on generic administrative difficulties and unsupported allegations. The court found that the defendant abused the process by attempting to delay proceedings without genuine intent to defend or engage with the merits. The plaintiff's evidence regarding the accident, injuries, and loss of earnings was uncontested and suppor…

Source excerpt

• Road Accident Fund Act
• Default Judgment
• Abuse Of Process
• Loss Of Earnings
• Proper Service
• Contingency Fee Agreement

Matjhabeng Local Municipality v Pakampho Electrical and Others (911/2023)

Matjhabeng Local Municipality v Pakampho Electrical and Others (911/2023) [2024] ZAFSHC 153 (6 June 2024)

Court

Free State High Court, Bloemfontein

Case number

911/2023

Judge

Hefer AJ

The court found that the First Respondent failed to prove proper service of summons on the Applicant as required by Section 115 of the Local Government Municipal Systems Act and Rule 4(1)(a)(viii). The return of service did not establish that the person served was authorised to accept service on behalf of the municipal manager. The Registrar relied on a defective return of service when granting default judgment. The court held that the process leading to the default judgment was not fair and did not comply with statutory and rule requirements. Consequently, the default judgment, warrant of ex…

Source excerpt

• Rescission Of Judgment
• Default Judgment
• Proper Service
• Municipal Procurement
• Jurisdiction Of Registrar
• Institution Of Legal Proceedings Against Organs Of State

Glen Life Development Company CC v Monaghan Farm Homeowners Association NPO and Another

Glen Life Development Company CC v Monaghan Farm Homeowners Association NPO and Another [2023] ZAGPPHC 519; 007217/2022 (23 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

007217/2022

Judge

Vivian

The High Court granted a mandatory interdict compelling estate access so the purchaser could show the property and pursue financing to complete the sale.

• Access Control In Gated Estates
• Wrongful Interference With Contract
• Mandatory Interdict
• Lis Alibi Pendens
• Non Joinder
• Proper Service

Department of Correctional Services v Nyapela (J881/22; JS688/17)

Department of Correctional Services v Nyapela (J881/22; JS688/17) [2023] ZALCJHB 141 (17 March 2023)

Court

Labour Court Johannesburg

Case number

J881/22; JS688/17

Judge

Graham Nasious Moshoana

The Labour Court rescinded a default judgment against the Department of Correctional Services for improper service and dismissed a related contempt application.

• Rescission Of Judgment
• Proper Service
• Default Judgment
• Condonation
• Contempt Of Court
• Rescission-of-judgment

Sifuba v Wesbank and Another

Sifuba v Wesbank and Another [2023] ZAGPPHC 81; 24143/2021 (7 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

24143/2021

Judge

Ally

Rescission of a default judgment was refused because the applicant failed to show a bona fide defence and could not establish improper service under Rule 42.

• Rescission Of Judgment
• Default Judgment
• Proper Service
• Non Variation Clause
• Estoppel
• Rescission-of-judgment

Minister of Police v Kukare (A73/2022)

Minister of Police v Kukare (A73/2022) [2022] ZAFSHC 282 (6 October 2022)

Court

Free State High Court, Bloemfontein

Case number

A73/2022

Judges

R Pohl, C Van Zyl

The High Court upheld an appeal against refusal of rescission, finding the default judgment was granted without proper notice and had to be set aside.

• Default Judgment
• Rescission Of Judgment
• Magistrates Court Rules
• Proper Service
• Unliquidated Claims
• Rescission-of-judgment

Matjokana v Reit Investments (Pty) Ltd (66439/2017)

Matjokana v Reit Investments (Pty) Ltd (66439/2017) [2020] ZAGPPHC 630 (23 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

66439/2017

Judge

De Vos

Rescission of a default judgment was refused. The court found proper service, no valid CPA cancellation, and rejected the lis pendens argument.

• Rescission Of Judgment
• Proper Service
• Suretyship
• Consumer Protection Act
• Lis Pendens
• Rescission-of-judgment

Matjokana v Reit Investments (Pty) Ltd (66439/2017)

Matjokana v Reit Investments (Pty) Ltd (66439/2017) [2020] ZAGPPHC 648 (23 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

66439/2017

Judge

De Vos

The High Court dismissed a rescission application, finding proper service, no valid CPA cancellation, no sustainable lis pendens, and no good cause for delay.

• Rescission Of Judgment
• Proper Service
• Lis Pendens
• Consumer Protection Act
• Suretyship
• Lease Agreement

Henry v Firstrand Bank Limited (86762/2016)

Henry v Firstrand Bank Limited (86762/2016) [2018] ZAGPPHC 70 (1 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

86762/2016

Judge

S C Mia

The High Court set aside a default judgment after finding the service affidavits contradictory and unreliable, so proper service was not established.

• Rescission Of Judgment
• Proper Service
• Default Judgment
• Condonation
• Rescission-of-judgment
• Default-judgment

Li v Oriental Global Logistics South Africa (Pty) Ltd In re: Oriental Global Logistics South Africa (Pty) Ltd v Li (24319/2014)

Li v Oriental Global Logistics South Africa (Pty) Ltd In re: Oriental Global Logistics South Africa (Pty) Ltd v Li (24319/2014) [2017] ZAGPPHC 707 (26 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

24319/2014

Judge

Strydom AJ

The High Court rescinded a default judgment, finding proper service and no NCA breach, but accepting that the applicant’s payment defence had prospects of success.

• Rescission Of Judgment
• Acknowledgement Of Debt
• National Credit Act
• Proper Service
• Payment Defence
• Rescission-of-judgment