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South Africa decisions
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Seema v Phukubye and Others (2024/025816) [2024] ZAGPJHC 362 (22 March 2024)
The High Court dismissed an urgent spoliation application, finding proper service under PIE, no unlawful deprivation of possession, and awarding attorney-and-client costs.
BG Bojosinyane and Associates v The Sheriff Vryburg and Another (1072/2022) [2023] ZASCA 174 (8 December 2023)
The Supreme Court of Appeal held that a sheriff may not demand upfront payment for anticipated fees before serving process, absent magistrate authorisation.
TNC Mining (Pty) Limited v Mathome Training Development (Pty) Limited (424/2019) [2022] ZANCHC 82 (9 December 2022)
The court found that the applicant was not a stranger to the agreement and that the first defendant contracted, at least in part, on behalf of the applicant. The concession that the first defendant appointed a domicilium citandi et executandi on behalf of the applicant was not unfounded. The applicant received the summons a few days after service, distinguishing the facts from Concrete 2000, where service was effected on a fabricated address and only came to the defendant's attention years later. Any genuine issue with irregular service should have been raised in a Rule 30 application, not as…
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BMW South Africa (Pty) Ltd v William and Another (31587/21) [2022] ZAGPPHC 450 (27 June 2022)
The court found that the applicant’s denial of service by the Sheriff was supported by unchallenged evidence, including CCTV footage, occurrence books, and security staff interviews. The Sheriff failed to respond to the allegations despite being joined as a party. The return of service was thus rebutted. Service by email was also irregular, as there was no agreement between the parties and the attorneys copied had not been instructed. The court held that the applicant did not take a further step in the proceedings by serving a notice in terms of Rule 23(1), as this raised a distinct cause of…
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MooiKloof Ridge Home Owners Association v B[...] and Another (3907/ 2019) [2020] ZAGPPHC 754 (4 November 2020)
High Court dismissed a sequestration application over unpaid levies, finding no proven acts of insolvency or advantage to creditors.
Tshabalala N.O v Mia (2019/13913) [2020] ZAGPJHC 122 (12 May 2020)
High Court eviction matter where the executor proved lease breach, valid cancellation, and rejected title-based and damages defences. The respondent was ordered to vacate and pay costs.
Sasfin Bank Limited and Another v Vareltzis (15432/2013) [2019] ZAGPPHC 436 (23 August 2019)
The High Court dismissed an application for leave to appeal, holding that the applicant had not shown clear evidence to impeach the sheriff’s return of service.
Interactive Trading 115 CC and Another v South African Securitisation Programme and Others (2119/2017) [2019] ZALMPPHC 10; 2019 (5) SA 174 (LP) (29 March 2019)
The High Court rescinded a default judgment after finding the applicants had not been properly served with summons and were unaware of the proceedings.
Motloung and Another v Sheriff Pretoria East and Others (13249/2014) [2018] ZAGPPHC 664; 2019 (3) SA 228 (GP) (5 September 2018)
The court held that an unsigned summons was a nullity, so the sheriff was not liable for refusing service and prescription was not interrupted.
Green-Chem (Pty) Ltd v Albion Administration (Pty) Ltd (11213A/2009) [2010] ZAGPPHC 216 (6 December 2010)
The court dismissed a prescription defence after finding, on a balance of probabilities, that the summons had been served timeously despite an inaccurate return of service.
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