South Africa Case Law

Wishart NO and Another v Firstrand Bank Limited (3459/2013)

Wishart NO and Another v Firstrand Bank Limited (3459/2013) [2014] ZAKZDHC 58 (28 November 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

3459/2013

Judge

Madondo

The court found that service of summons at the chosen domicilium address was not sufficient in this case, as the property had been sold and vacated years before, and the trust had no connection to the address at the time of service. There was no evidence that the applicants or the trust received the summons, and the probabilities indicated they did not. The applicants' explanation for default was reasonable and bona fide, and there was no deliberate avoidance. The suretyship was not validly executed as the first applicant lacked authority and did not act jointly with the other trustees, nor w…

Source excerpt

• Rescission Of Judgment
• Service At Domicilium
• Suretyship Validity
• Trustee Authority
• Ratification Of Acts

Wishart and Another v Firstrand Bank Limited (3459/2013)

Wishart and Another v Firstrand Bank Limited (3459/2013) [2014] ZAKZPHC 59 (28 November 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3459/2013

Judge

Madondo

The High Court granted rescission of a default judgment, finding insufficient proof that summons was received and holding the trust had a prima facie defence.

• Rescission Of Judgment
• Service At Domicilium
• Suretyship Validity
• Trustee Authority
• Ratification Of Acts
• Rescission-of-judgment

Molefe v Dihlabeng Local Municipality and Others (1885/2003)

Molefe v Dihlabeng Local Municipality and Others (1885/2003) [2003] ZAFSHC 12; (2004) 25 ILJ 680 (O); [2003] 4 All SA 269 (O) (14 August 2003)

Court

Free State High Court, Bloemfontein

Case number

1885/2003

Judge

Hancke

The High Court dismissed a municipal manager’s review of disciplinary proceedings, holding that his withdrawal was voluntary and that later ratification cured any appointment defect.

• Disciplinary Procedure
• Municipal Governance
• Ratification Of Acts
• Termination Of Employment
• Procedural Fairness
• Appointment Of Officials

Santam Insurance Ltd v Booi (565/93)

Santam Insurance Ltd v Booi (565/93) [1995] ZASCA 52; 1995 (3) SA 301 (AD); [1995] 2 All SA 537 (A) (18 May 1995)

Court

Supreme Court of Appeal

Case number

565/93

Judges

Joubert, E M Grosskopf, Steyn, F H Grosskopf, Howie

The Supreme Court of Appeal held that the institution of legal proceedings by Booi's attorney, while Booi was mentally incapacitated, was unauthorised but not void. The curator ad litem, lawfully appointed by the court, was empowered to ratify all steps taken prior to his appointment, including amending the pleadings to reflect his capacity. The ratification was valid as it occurred before judgment and did not deprive Santam of any accrued rights, particularly the right to raise prescription. The court found no merit in Santam's argument that ratification prejudiced its position, as the amend…

Source excerpt

• Locus Standi
• Curator Ad Litem
• Ratification Of Acts
• Falsus Procurator
• Prescription Defence