South Africa Case Law

Standard Bank of South Africa Limited v Willis and Another (31542/2019)

Standard Bank of South Africa Limited v Willis and Another (31542/2019) [2024] ZAGPJHC 1263 (2 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

31542/2019

Judge

ML Senyatsi

The court found that the first defendant failed to raise a bona fide triable issue. His defence of impossibility of performance due to Covid-19 was unsupported by evidence or financial records and amounted to a subjective impossibility, which does not excuse contractual obligations under South African law. The alleged non-delivery of the section 129(1) notice was refuted by documentary evidence showing proper service at the defendant's chosen address. The first defendant admitted arrears and failed to provide a legal basis for resisting summary judgment. The requirements for summary judgment…

Source excerpt

• Summary Judgment
• National Credit Act
• Impossibility Of Performance
• Rule 46a Executability
• Service Of Process

Shackleton Credit Management Pty Ltd v Tshabalala and Others (804/2018)

Shackleton Credit Management Pty Ltd v Tshabalala and Others (804/2018) [2024] ZAFSHC 367 (15 November 2024)

Court

Free State High Court, Bloemfontein

Case number

804/2018

Judge

Opperman

High Court interlocutory ruling condoned late filing, upheld a non-joinder point, and allowed joinder of the Registrar of Deeds and Herholdts Lighting Division.

• Joinder Of Parties
• Rule 46a Executability
• Condonation Of Late Filing
• Preferent Creditors
• Sale In Execution
• Joinder-of-parties

TUHF v 68 Wolmarans Street Johannesburg and Others (A5073/2022)

TUHF v 68 Wolmarans Street Johannesburg and Others (A5073/2022) [2023] ZAGPJHC 1390 (29 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5073/2022

Judges

Vally, Adams, Dlamini

The Full Court upheld TUHF’s appeal, rejected lis pendens and abuse-of-process objections, and granted enforcement, execution and related relief.

• Loan Agreement Enforcement
• Suretyship
• Lis Pendens
• Contract Variation
• Abuse Of Process
• Rule 46a Executability

Standard Bank of South Africa v Daniels and Another (006569/2022)

Standard Bank of South Africa v Daniels and Another (006569/2022) [2023] ZAGPPHC 1965 (29 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

006569/2022

Judge

E M Kubushi

The court postponed an opposed summary judgment and Rule 46A application because the supplementary affidavit and valuation material were not properly served.

• Summary Judgment
• Mortgage Bond Enforcement
• Rule 46a Executability
• Primary Residence Protection
• Summary-judgment
• Rule-46a

W.M.M (Born M) v K.J.M and Others (18882/2022)

W.M.M (Born M) v K.J.M and Others (18882/2022) [2023] ZAGPPHC 1921 (21 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

18882/2022

Judge

Manamela

The court found that while the First Respondent failed to comply with the maintenance orders, his non-compliance was not wilful or mala fide. He was ill-advised during divorce proceedings, lacked the financial means to comply, and did not seek variation of the order. The Applicant failed to enforce the orders for over five years and did not provide sufficient evidence to justify execution against the First Respondent’s primary residence under Rule 46A. The requirements for contempt were not met, as the Respondent raised reasonable doubt regarding his ability and intent to comply. Consequently…

Source excerpt

• Spousal Maintenance
• Contempt Of Court
• Writ Of Execution
• Rule 43 Interim Orders
• Rule 46a Executability

Nedbank Limited v Mbuduma's Jazz Club CC and Others (3486/2020)

Nedbank Limited v Mbuduma's Jazz Club CC and Others (3486/2020) [2023] ZAMPMHC 40 (8 November 2023)

Court

Middelburg High Court, Mpumalanga

Case number

3486/2020

Judge

Vukeya

The court found that the defendants admitted to the loan and mortgage bond and failed to raise a bona fide defence to the plaintiff's claim. The defence based on prescription was rejected because the debt is secured by a mortgage bond and thus prescribes after 30 years. The argument regarding the lack of a declaration was dismissed as the defendants were able to plead and were not prejudiced. Regarding executability, the court held that Rule 46A applies even though the property is owned by a close corporation, as it is the primary residence of the second and third respondents. The plaintiff f…

Source excerpt

• Summary Judgment
• Mortgage Bond
• Prescription
• Rule 46a Executability
• Declaration Requirement
• Primary Residence Protection

Noormohamed and Others v Acacia Finance (Pty) Ltd (2012/16759)

Noormohamed and Others v Acacia Finance (Pty) Ltd (2012/16759) [2023] ZAGPJHC 735 (26 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2012/16759

Judge

Dlamini

The High Court dismissed an application for leave to appeal, finding no realistic prospects of success and leaving the settlement order enforceable.

• Leave To Appeal Threshold
• Settlement Agreement Enforcement
• In Duplum Rule
• National Credit Act Application
• Rule 46a Executability
• Leave-to-appeal

Changing Tides 17 (Pty) Ltd N.O v Rademeyer and Another (1911/2019)

Changing Tides 17 (Pty) Ltd N.O v Rademeyer and Another (1911/2019) [2019] ZAGPPHC 165 (31 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

1911/2019

Judge

R. Strydom

The court held that the summary judgment application, together with the affidavit filed in terms of chapter 10.17 of the Practice Manual, constitutes substantial compliance with Rule 46A. The court rejected the respondents' argument that the affidavits lacked personal knowledge, finding that the deponent's access to all relevant documents and records was sufficient. The court found no merit in the contention that the applications created lis pendens or that the affidavits were defective. The arrears were substantial, and the defendants had not placed any facts before the court to counter the…

Source excerpt

• Summary Judgment
• Rule 46a Executability
• Mortgage Enforcement
• Personal Knowledge Affidavit
• Reserve Price Setting