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South Africa decisions
Decisions matching the current search
Mokokeng v Mercedes-Benz Financial Services South Africa (Pty) Limited (2025/010419) [2025] ZAGPJHC 650 (29 June 2025)
The High Court dismissed an unopposed rescission application, finding no bona fide defence where the applicant admitted arrears and relied on taxi-industry violence.
Road Accident Fund v Mbali (11727/2019) [2025] ZAGPPHC 247 (7 March 2025)
The High Court dismissed the Road Accident Fund’s rescission application, finding no admissible evidence of a bona fide defence and no reasonable explanation for delay.
MM Chartered Accountants Inc. v Ntokazi Consulting (Pty) Ltd (2021/54556) [2024] ZAGPPHC 251 (11 March 2024)
The High Court rescinded a default judgment after finding the respondent improperly enrolled the matter as unopposed despite an earlier order sending it to the opposed roll.
Bloem water v Lesedi Civil Construction CC (5850/2021) [2024] ZAFSHC 65 (5 March 2024)
The court found that the applicant failed to provide a reasonable explanation for its default and did not act within the prescribed time period for bringing the rescission application. The applicant's delay was not satisfactorily explained, and its conduct indicated an intention to delay the respondent's claim rather than a bona fide defence. The applicant did not provide sufficient information or supporting affidavits to establish a prima facie defence to the respondent's claim for payment of outstanding invoices. The court held that the requirements for rescission under Rule 31(2)(b) were n…
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Smith and Others v Sasfin Bank Limited and Another (Leave to Appeal) (25458/21) [2024] ZAGPPHC 34 (25 January 2024)
The High Court refused leave to appeal against dismissal of a rescission application, finding no reasonable prospect of a different outcome and ordering costs.
Mokoa and Another v Standard Bank of South Africa Limited (3372/2018) [2023] ZAFSHC 364 (14 September 2023)
The court found that the application for rescission under Rule 31(2)(b) was not competent because the claim was for a debt or liquidated demand and the applicants had already filed a plea. The applicants failed to provide a reasonable and acceptable explanation for the delay in bringing the application and did not demonstrate a bona fide defence with prospects of success. The procedural requirements for rescission under Rule 42(1)(a) were not met, as the judgment was not erroneously granted. The applicants' explanations for the delay were vague and lacked sufficient detail, and their denial o…
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Davies v Jones (2022/00184) [2023] ZAGPJHC 940 (23 August 2023)
The High Court dismissed an application to rescind a default judgment because the applicant admitted the debt, lacked a bona fide defence, and sought only more time.
John v Stefanus (34337/2018) [2023] ZAGPJHC 106 (30 January 2023)
The High Court refused condonation and rescission of a default judgment, finding the applicant was aware of the proceedings and failed to show good cause.
Eskom Holdings SOC Limited v Akgwevhu Enterprise (PTY) Ltd (4554921) [2022] ZAGPJHC 932 (22 November 2022)
The High Court rescinded a default judgment against Eskom, finding a plausible defence on whether the cable joint kits supplied were complete and whether extra items were separately agreed.
Sasfin Bank Ltd and Another vs Melamed and Hurwitz Incorporated and Anothers (31948/19) [2022] ZAGPJHC 1039 (21 November 2022)
The High Court dismissed an application for leave to appeal against refusal of rescission, finding no reasonable prospect of success, especially on late condonation.
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