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South Africa decisions
Decisions matching the current search
S.P.M v L.M (Born M) (56859/2021) [2024] ZAGPPHC 729 (2 August 2024)
The High Court dismissed an application to rescind a bar-order dismissal and a divorce judgment, finding no good cause, no bona fide defence, and no Rule 42 basis.
Tlhabanyane v Standard Bank of South Africa Limited (122825/2023) [2024] ZAGPPHC 57 (29 January 2024)
Leave to appeal was refused after the court found no reasonable prospects of success on a Rule 27 bar-related application, delay explanations, or costs.
Minister of Police and Another v Lekgari (413/22) [2023] ZANWHC 191 (17 October 2023)
The court condoned a late Rule 27 application and uplifted a procedural bar, allowing the defendants to file pleadings in a civil claim for damages.
Atlantic Oil Inland (Pty) Ltd v Calitz and Others (596/20) [2023] ZANWHC 72 (9 June 2023)
The High Court refused an application to lift a bar under Rule 27, finding the first defendant lacked locus standi to act for the Anja Trust.
Tshidzumba and Others v Special Investigation Unit and Others: In re: Special Investigation Unit v Maguvhe and Others (2020/10124) [2022] ZAGPJHC 604 (23 August 2022)
The court found that the applicants failed to provide a satisfactory or comprehensive explanation for the lengthy delay of approximately 14 months in seeking condonation to remove the bar. The applicants' reliance on the Rule 35(14) notice was unconvincing, as the bar was imposed before the notice and the requested report was provided. The applicants became aware of the bar in October 2020 but took no meaningful steps to address it, abandoning the Rule 30 procedure. The court held that no constitutional rights were infringed, as the applicants were not deprived of the opportunity to bring a t…
Source excerpt
Central University of Technology V Lindsay Saker (Pty) Ltd, A division of Imperial Holdings (A125/2019) [2020] ZAFSHC 31 (25 February 2020)
The High Court set aside a magistrate’s order enforcing a settlement, holding Rule 27(6)(a) did not allow judgment or an order of court on these facts.
R W v W M (3300/2018) [2019] ZAFSHC 71 (30 May 2019)
High Court rescission application dismissed after finding the applicant was in wilful default and had not shown good cause to reopen the default judgment.
Bouwer Collins Insurance Brokers (Pty) Ltd v Hopgood and Another (2012/12) [2014] ZAECPEHC 9 (18 February 2014)
High Court dismissed an application to extend time to amend particulars of claim and dismissed the plaintiffs’ action for persistent procedural non-compliance.
Inter Africa Carriers CC v Show-Down Tradaing 16 CC t/a Kroondal Garage CC (65353/2011) [2013] ZAGPPHC 247 (16 August 2013)
High Court dismissed an application to vary payment dates in a consent order and upheld a special plea of res judicata.
Espadon Marine (Pty) Ltd v Jik Abalone Farm (Pty) Ltd (15788/2007) [2008] ZAWCHC 232 (6 August 2008)
The High Court uplifted a notice of bar after finding a reasonable explanation for the delay and enough material to show a bona fide defence.
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