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Siyandasabelo Trading (Pty) Ltd v River Meadow Manor Properties (Pty) Ltd (16639/2022) [2024] ZAGPPHC 549 (13 June 2024)
High Court dismissed a rescission application, finding no bona fide defence to a default judgment under a repayment agreement, though condonation for lateness was granted.
King Price Insurance Company Limited v Integritas Risk Solutions (Pty) Ltd (037834/2022) [2024] ZAGPPHC 274 (25 March 2024)
The High Court dismissed a summary judgment application, finding the defendant disclosed a bona fide defence to claims under a repayment agreement.
Ditsobotla Local Municipality v Iga Dada Properties (MAG04/2017) [2018] ZANWHC 15 (7 June 2018)
The appeal succeeded because the respondent failed to disclose material facts in its urgent application for spoliation, specifically prior repayment agreements and defaults. The agreement between the parties was valid and enforceable without needing to be made an order of court. The respondent was responsible for ensuring full payment of the monthly amount, including the tenants' portion, and its failure to do so justified the appellant's disconnection of electricity supply. The Magistrate misconstrued the agreement and relevant legislation, and erred in confirming the Rule Nisi. The appellan…
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