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South Africa decisions
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Kumalo and Others v Mphono and Others (Appeal) (A252/2023) [2025] ZAWCHC 302 (20 June 2025)
The appeal succeeded after the court found a chamber-book order ambiguous and not self-executing, set aside the dismissal, ordered oral evidence, and varied maintenance relief.
K.P.M v O.L.M and Another (Reasons) (1751/2008) [2025] ZANWHC 103 (17 June 2025)
The High Court dismissed an application to vary a divorce decree under Rule 42, holding there was no common mistake and the proper remedy was appeal.
Road Accident Fund v Labuschagne (48804/2017) [2025] ZAGPPHC 639 (17 June 2025)
The application for rescission by the Road Accident Fund fails because the RAF was given adequate notice of all proceedings, including the amendment of the particulars of claim and the application for default judgment. The RAF elected not to participate and did not object to the amendment, nor did it file any expert notices or oppose the default judgment. The procedure followed was regular and in accordance with the Uniform Rules of Court. Rule 42(1)(a) only permits rescission for procedural errors, not for substantive defences or new evidence discovered after judgment. The RAF failed to esta…
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SA Taxi Finance Solution (PTY) LTD v Shoba N.O (003577/2022) [2025] ZAGPJHC 616 (3 June 2025)
The High Court dismissed an application to rescind default summary judgment, finding no procedural error and no bona fide defence based on repudiated life insurance.
City of Tshwane Metropolitan Municipality v Legari (36073/2022) [2025] ZAGPPHC 443 (11 May 2025)
The High Court dismissed Tshwane’s rescission application, finding no basis under Rule 42(1)(a) or the common law, though it granted condonation to both sides.
Baumann v DB Fine Chemicals (Pty) Ltd and Another (Variation) (2024-032290) [2025] ZAGPPHC 432 (9 May 2025)
The High Court varied its earlier order under Rule 42(1)(b) to correct an omission by specifying that the costs are party and party costs on scale B.
Road Accident Fund v Mashishi (625/2022) [2025] ZALMPPHC 86 (7 May 2025)
High Court dismissed the Road Accident Fund’s rescission application, finding no satisfactory explanation for default, no bona fide defence, and unjustified delay.
Ligege and Others v Premier of the Province of Limpopo and Others (8541/2021) [2025] ZALMPPHC 62 (25 March 2025)
The High Court postponed a review about the recognition of a senior traditional leader, holding that rescission of a prior order must be pursued in the proper forum.
Vink Multi Services (Pty) Ltd v First Rand Bank Limited t/a Wesbank and Others (644/2025) [2025] ZAWCHC 121 (19 March 2025)
Rescission application dismissed after the court found no valid basis to set aside earlier orders and judgments, and no adequate explanation for the delay.
Road Accident Fund v Sekgala (752/2015) [2025] ZALMPPHC 44 (14 March 2025)
The High Court dismissed the Road Accident Fund’s rescission application, holding that its explanation for default was unreasonable and no bona fide defence was shown.
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