South Africa Case Law

Lodi and Another v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Another (2022-003946)

Lodi and Another v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Another (2022-003946) [2025] ZAGPPHC 731 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-003946

Judge

Ferreira

The High Court struck an urgent application from the roll, finding the applicants had not shown sufficient urgency and that the urgency was self-created.

• Urgency
• Recission Of Judgment
• Abuse Of Process
• Costs On Attorney And Client Scale
• Rescission-of-judgment
• Abuse-of-process

Motsepe v Hlatshwayo and Others (2024/007943)

Motsepe v Hlatshwayo and Others (2024/007943) [2025] ZAGPJHC 171 (12 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/007943

Judge

WJ du Plessis

The High Court removed an application from the roll because the applicant failed to prove proper service of the notice of set down on all interested respondents.

• Service Of Process
• Intestate Succession
• Notice Of Set Down
• Audi Alteram Partem
• Recission Of Judgment
• Service-of-process

Thokwana v Standard Bank SA Ltd and Others (2935/2008)

Thokwana v Standard Bank SA Ltd and Others (2935/2008) [2025] ZALCJHB 256 (12 February 2025)

Court

Labour Court Johannesburg

Case number

2935/2008

Judge

Barnes

The High Court dismissed an application to set aside a sale in execution of immovable property and ordered attorney-and-client costs after repeated default and delay.

• Sale In Execution
• Recission Of Judgment
• Punitive Costs
• Default Judgment
• Enforcement Of Court Orders
• Sale-in-execution

Van Wyk and Others v Van Der Merwe and Others (33476/2021)

Van Wyk and Others v Van Der Merwe and Others (33476/2021) [2024] ZAGPPHC 1032 (7 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

33476/2021

Judge

Retief

The court found that the urgent application and subsequent order affected the first applicant's rights to possession of the vehicle, and that he was not cited nor given notice of the proceedings. The order was erroneously sought and granted in his absence, contrary to the requirements of Rule 42. The first applicant was found to possess locus standi as the relief directly impacted his legal rights. Service on the second and third applicants via email was deemed sufficient, given prior conduct and absence of prejudice. The court held that the order of 31 October 2023 must be rescinded and set…

Source excerpt

• Recission Of Judgment
• Default Judgment
• Service Of Process
• Locus Standi
• Rule 42
• Urgent Application

P.N v T.N and Others (2021/31102)

P.N v T.N and Others (2021/31102) [2024] ZAGPJHC 814 (14 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/31102

Judge

Segal

The High Court dismissed an application to rescind a divorce order under Rule 42, finding no basis to treat the order as erroneously granted.

• Recission Of Judgment
• Customary Marriage
• Community Of Property
• Settlement Agreement
• Rule 42 Application
• Rescission-of-judgment

FPM Business (Pty) Ltd t/a FPM Security Services v Masakhane Mining Supply and Construction t/a Masakhane Megawell Services (301/22)

FPM Business (Pty) Ltd t/a FPM Security Services v Masakhane Mining Supply and Construction t/a Masakhane Megawell Services (301/22) [2024] ZANWHC 43 (20 February 2024)

Court

North West High Court, Mafikeng

Case number

301/22

Judge

A Reddy

The High Court rescinded a default judgment after finding the defendant had shown a substantial bona fide defence to the claim.

• Recission Of Judgment
• Default Judgment
• Bona Fide Defence
• Service Of Process
• Contractual Dispute
• Rescission-of-judgment

Motloung v Firstrand Bank Ltd (66600/2016)

Motloung v Firstrand Bank Ltd (66600/2016) [2024] ZAGPPHC 11 (8 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

66600/2016

Judge

Nyathi

The High Court dismissed an application to rescind default judgments, finding the delay excessive, the explanation inadequate, and no bona fide defence shown.

• Recission Of Judgment
• Default Judgment
• Uniform Rules Of Court
• National Credit Act
• Special Executability
• Service Of Process

Mavudzi v Director of Public Prosecutions, Gauteng Division, Johannesburg (31864/2022)

Mavudzi v Director of Public Prosecutions, Gauteng Division, Johannesburg (31864/2022) [2023] ZAGPJHC 725 (26 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

31864/2022

Judge

S D J Wilson

The High Court dismissed a rescission application seeking to undo a prior bail ruling, finding no proven fraud and holding the arrest-lawfulness issue was res judicata.

• Arrest Warrants
• Res Judicata
• Fraudulent Misrepresentation
• Recission Of Judgment
• Rescission-of-judgment
• Arrest-warrants

Motloung v Mokoso and Others (2022/6937)

Motloung v Mokoso and Others (2022/6937) [2022] ZAGPJHC 681 (13 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/6937

Judge

N Manoim

The High Court struck off an urgent application to stay a prior order invalidating a councillor’s election, finding the alleged urgency was self-created.

• Stay Of Execution
• Urgency
• Service Of Process
• Municipal Elections
• Recission Of Judgment
• Stay-of-execution

Masenya and Another v Tau Rollermeule (Pty) Ltd (84019/16)

Masenya and Another v Tau Rollermeule (Pty) Ltd (84019/16) [2021] ZAGPPHC 213 (10 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

84019/16

Judge

Neukircher

The High Court dismissed a joinder, condonation, and rescission application brought years after an order making a settlement agreement a court order.

• Recission Of Judgment
• Joinder Of Parties
• Condonation For Late Filing
• Settlement Agreement
• National Credit Act
• Rescission-of-judgment