South Africa Case Law

Occupiers of 2[...] O[...] D[...] B[...] Street v Emikon Auctioneering Service and Import and Export (Pty) Ltd and Another (A2023/105517)

Occupiers of 2[...] O[...] D[...] B[...] Street v Emikon Auctioneering Service and Import and Export (Pty) Ltd and Another (A2023/105517) [2024] ZAGPJHC 1254 (2 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/105517

Judges

Farber, Mudau, Dippenaar

The High Court upheld an appeal and rescinded an eviction judgment after finding the occupiers were not properly served and the order was granted in their absence.

• Eviction Proceedings
• Proper Service Of Process
• Prevention Of Illegal Eviction Act
• Rescission Of Judgment
• Right To Housing
• Just And Equitable Eviction

3TA Services (Pty) Ltd and Another v Firstrand Bank Ltd t/a Wesbank (Appeal) (A32/2022 ; 69551/18)

3TA Services (Pty) Ltd and Another v Firstrand Bank Ltd t/a Wesbank (Appeal) (A32/2022 ; 69551/18) [2023] ZAGPPHC 2070 (24 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

A32/2022 ; 69551/18

Judges

PA Van Niekerk, NC Sethusa-Shongwe, PM Mabuse

Appeal in a rescission matter dismissed as moot after the repossession goods could not be found, making the default judgment’s return order unenforceable.

• Rescission Of Judgment
• Proper Service Of Process
• Suretyship Liability
• Electronic Contracts
• Mootness
• Default Judgment

Thondlana v Absa Bank Limited (29241/2017)

Thondlana v Absa Bank Limited (29241/2017) [2022] ZAGPPHC 139 (3 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

29241/2017

Judge

Khashane La M. Manamela

The High Court refused rescission of a default judgment against a borrower who delayed nearly four years, finding no reasonable explanation or bona fide defence.

• Rescission Of Default Judgment
• Condonation
• National Credit Act Compliance
• Proper Service Of Process
• Unemployment Insurance Claim
• Rescission-of-default-judgment

Pan African Congress of Azania and Others v Moloto and Others (60975/2020)

Pan African Congress of Azania and Others v Moloto and Others (60975/2020) [2021] ZAGPPHC 539 (23 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

60975/2020

Judge

Mahlangu

The court held that the Limpopo PAC congress was unlawful, found the Bloemfontein NEC to be lawful, and ruled that the purported appeal did not suspend the earlier order.

• Declaratory Relief
• Internal Party Democracy
• Proper Service Of Process
• Leave To Appeal
• Electoral Participation
• Internal-party-democracy

Lepelle Northern Water Board and Others v Minister of Department of Human Settlement, Sanitation and Water and Others (23535/20)

Lepelle Northern Water Board and Others v Minister of Department of Human Settlement, Sanitation and Water and Others (23535/20) [2020] ZAGPPHC 199 (3 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

23535/20

Judge

Van der Schyff

The High Court struck an urgent application from the roll for lack of proper service and insufficient urgency, and ordered the applicants to pay costs.

• Urgency In Interdicts
• Proper Service Of Process
• Administrative Action Review
• Audi Alteram Principle
• Urgent-applications
• Service-of-process

Versveld v Ers Business Systems (Pty) Ltd t/a Nashua, Pretoria (A252/08)

Versveld v Ers Business Systems (Pty) Ltd t/a Nashua, Pretoria (A252/08) [2010] ZAGPPHC 592 (5 March 2010)

Court

North Gauteng High Court, Pretoria

Case number

A252/08

Judges

Sapire, Dolamo

The court found that the summons was not properly served on the appellant in his capacity as surety, as the address used was chosen only for the principal debtor. The appellant did not receive service and was unaware of the proceedings until execution was attempted. The Magistrate erred by not considering whether proper service had occurred, rendering the judgment defective and unenforceable. Since the judgment was based on a summons not served on the appellant, the merits of the defence need not be examined, and the application for rescission should have been granted. The appeal was accordin…

Source excerpt

• Rescission Of Default Judgment
• Proper Service Of Process
• Domicilium Citandi Et Executandi
• Magistrates Court Rules

Whiteleys Construction v Carlos Nunes CC (2924/09)

Whiteleys Construction v Carlos Nunes CC (2924/09) [2009] ZAFSHC 128 (10 December 2009)

Court

Free State High Court, Bloemfontein

Case number

2924/09

Judge

C.H.G. van der Merwe

The court rescinded a default provisional sentence judgment after finding a reasonable explanation for default and a bona fide defence based on overpayment.

• Rescission Of Default Judgment
• Building Contract Dispute
• Interim Payment Certificate
• Proper Service Of Process
• Reciprocity Of Contractual Obligations
• Rescission-of-default-judgment