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South Africa decisions
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Body Corporate Camarque v Singh and Another (D5012/2024) [2025] ZAKZDHC 23 (29 April 2025)
Summary judgment was refused in a body corporate levy dispute because the defendants raised a bona fide defence on quantum and the claim was inadequately supported.
Peet Bezuidenhout Familie Trust and Others v Nedbank Limited (74419/15) [2020] ZAGPPHC 239 (24 April 2020)
The court found that while the application for rescission was brought within a reasonable time, the applicants failed to provide an adequate explanation for their default, particularly regarding their non-compliance with Rule 35 discovery notices and the subsequent court order. The applicants did not take the court into their confidence or explain why they ignored the compelling order, nor did their attorneys provide sufficient reasons for the failure. The court further held that the applicants' alleged defences were either unsubstantiated or had already been addressed in previous proceedings…
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Firstrand Bank Limited v Malan and Another (33118/2010) [2014] ZAGPJHC 219 (28 July 2014)
The High Court held the respondents’ liability under a loan agreement was joint, not joint and several, and postponed the matter for oral evidence on quantum.
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