Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
4 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2025] ZAGPJHC 732

Nedbank Limited v Ndawala and Others (2022/002174)

Nedbank Limited v Ndawala and Others (2022/002174) [2025] ZAGPJHC 732 (24 July 2025)

Court
South Gauteng High Court, Johannesburg
Case number
2022/002174
Judge
JL Bhengu

The court found that the first respondent was indebted to the applicant under the home loan agreement, with arrears exceeding R977,923.49 and no credible payment arrangements made since August 2021. Statutory compliance with the National Credit Act was established. The respondent's claims regarding alternative means of satisfying the debt, such as shares and potential business funding, were unsupported by evidence and lacked credibility. The defences raised, including reckless lending and excessive interest, were contradicted by the respondent's own admissions and the terms of the loan agreem…

Source excerpt

  • Execution Against Primary Residence
  • National Credit Act Compliance
  • Reserve Price Determination
  • Judicial Oversight
  • Foreclosure
  • Contractual Enforcement
Read case analysis
Civil Procedure [2025] ZAGPPHC 668

Nedbank Limited v Lekala N.O and Another (27243/2022)

Nedbank Limited v Lekala N.O and Another (27243/2022) [2025] ZAGPPHC 668 (2 July 2025)

Court
North Gauteng High Court, Pretoria
Case number
27243/2022
Judge
LG Kilmartin

Summary judgment was postponed because Nedbank did not provide sufficient updated evidence, including a sworn property valuation needed to set a reserve price.

  • Summary Judgment
  • Mortgage Bond Enforcement
  • Section 129 Notice
  • Execution Against Immovable Property
  • Administration Of Deceased Estates
  • Reserve Price Determination
Read case analysis
Civil Procedure [2025] ZAFSHC 180

Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023)

Firstrand Mortgage Company (Rf) (Pty) Ltd v Tani (1342/2023) [2025] ZAFSHC 180 (18 June 2025)

Court
Free State High Court, Bloemfontein
Case number
1342/2023
Judge
Van Zyl

The High Court declared a primary residence specially executable, accepted an updated sworn valuation, set a reserve price, and dismissed procedural objections.

  • Rule 46a Execution
  • Reserve Price Determination
  • National Credit Act Compliance
  • Mortgage Bond Enforcement
  • Primary Residence Protection
  • Rule-46a-execution
Read case analysis
Banking And Finance [2025] ZAGPPHC 599

SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419)

SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419) [2025] ZAGPPHC 599 (5 June 2025)

Court
North Gauteng High Court, Pretoria
Case number
2023/034419
Judge
S Van Aswegen

The High Court granted judgment on a securitized home-loan claim, declared the property specially executable, and set a reserve price for sale in execution.

  • Mortgage Bond Enforcement
  • Certificate Of Balance
  • National Credit Act Compliance
  • Reserve Price Determination
  • Summary Judgment
  • Special Executability
Read case analysis
Civil Procedure [2025] ZAGPPHC 177

Investec Bank Limited v T.R.L and Another (12503/2021)

Investec Bank Limited v T.R.L and Another (12503/2021) [2025] ZAGPPHC 177 (25 February 2025)

Court
North Gauteng High Court, Pretoria
Case number
12503/2021
Judge
Crutchfield

The High Court reduced the reserve price for a primary-residence sale in execution from R2 million to R1.6 million under Rule 46A(9).

  • Rule 46a Sale In Execution
  • Reserve Price Determination
  • Adequate Housing Rights
  • Mortgage Enforcement
  • Rule-46a
  • Sale-in-execution
Read case analysis
Civil Procedure [2024] ZAGPPHC 763

ABSA Bank Limited v Thondlana (29241/2017)

ABSA Bank Limited v Thondlana (29241/2017) [2024] ZAGPPHC 763 (24 July 2024)

Court
North Gauteng High Court, Pretoria
Case number
29241/2017
Judge
Van der Merwe

The High Court declared the respondent’s home specially executable under rule 46A, set a reserve price, and found no credible alternative means to satisfy the debt.

  • Rule 46a Execution
  • Primary Residence Protection
  • Reserve Price Determination
  • Default Judgment Enforcement
  • Constitutional Right To Housing
  • Rule-46a-execution
Read case analysis
Civil Procedure [2024] ZAGPJHC 650

Changing Tides 17 (Propriety) Limited NO v Kowlaser and Another (2894/2020)

Changing Tides 17 (Propriety) Limited NO v Kowlaser and Another (2894/2020) [2024] ZAGPJHC 650 (5 July 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2894/2020
Judge
WJ Du Plessis

The High Court granted default judgment and a Rule 46A order authorising execution against the respondents’ primary residence, with a reserve price set and a three-month suspension.

  • Rule 46a Execution
  • Primary Residence Foreclosure
  • Reserve Price Determination
  • Mortgage Bond Enforcement
  • Rule-46a-execution
  • Primary-residence-foreclosure
Read case analysis
Civil Procedure [2024] ZAGPJHC 161

Business Partners Limited v Sydmary Properties CC and Others (2020-5239)

Business Partners Limited v Sydmary Properties CC and Others (2020-5239) [2024] ZAGPJHC 161 (19 February 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2020/5239
Judge
Z Khan

The respondent failed to provide current, verifiable financial information or evidence of substantial movable assets that could satisfy the judgment debt. The court found that the respondent's opposition to execution was based on outdated affidavits and vague assertions, with no meaningful disclosure of his present circumstances. Judicial oversight under Rule 46A requires the debtor to place all relevant facts before the court, which the respondent did not do. The applicant is not obliged to execute against movables where none of substance are disclosed. The reserve price for the property was…

Source excerpt

  • Rule 46a Execution
  • Judicial Oversight
  • Primary Residence Protection
  • Reserve Price Determination
  • Suretyship Liability
Read case analysis
Civil Procedure [2023] ZAGPJHC 993

Firstrand Bank Limited v Salm and Others (41829/2019)

Firstrand Bank Limited v Salm and Others (41829/2019) [2023] ZAGPJHC 993 (5 September 2023)

Court
South Gauteng High Court, Johannesburg
Case number
41829/2019
Judge
T Lipshitz

The High Court granted Firstrand Bank judgment, declared mortgaged property specially executable, set a reserve price, and awarded costs.

  • Mortgage Bond Enforcement
  • Rule 46a Execution
  • Reserve Price Determination
  • Personal Service Requirements
  • Arrears And Interest
  • National Credit Act Application
Read case analysis
Civil Procedure [2023] ZAMPMBHC 34

Nedbank Limited v Lateral Support 102 CC and Others (193/2022)

Nedbank Limited v Lateral Support 102 CC and Others (193/2022) [2023] ZAMPMBHC 34 (7 June 2023)

Court
Mbombela High Court, Mpumalanga
Case number
193/2022
Judge
Mashile

The High Court granted Nedbank’s Rule 46A application, declared bonded property specially executable, authorised execution, and set a reserve price.

  • Rule 46a Execution
  • Mortgage Bond Enforcement
  • Reserve Price Determination
  • Suretyship Liability
  • Judgment Debt Collection
  • Rule-46a-execution
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.