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Firstrand Bank Limited v Van Rooyen and Another (4636/2019) [2025] ZAMPMHC 15 (25 March 2025)
The High Court granted summary judgment to FirstRand Bank for the mortgage debt, rejected the legal-costs defence, and declared the property specially executable.
Absa Bank Limited v Malatji (39791/2016) [2023] ZAGPJHC 945 (27 August 2023)
The court declared the respondent’s primary residence specially executable under Rule 46A and set a reserve price after finding no viable alternative to execution.
Dainfern Homeowners Association v Roodt and Others [2023] ZAGPPHC 282; 82688/2017 (5 May 2023)
The court dismissed a late rescission application and declared a Dainfern home specially executable under Rule 46A, with a 60-day suspension and reserve price.
Nedbank Limited v Braganza Pretorius Beleggings (Pty) Ltd and Others (8343/2020) [2020] ZAWCHC 170 (1 December 2020)
The court found that the annexures to the summons served upon the defendants were incomplete and that the defendants' plea was based on these incomplete documents. The plaintiff failed to remedy this defect by attaching the complete documents in the summary judgment application, only doing so in reply to the Rule 46A application. The court held that the plaintiff's claim was not clearly established and that the technical defects in the pleadings and supporting documents were material. As a result, the defendants were not precluded from raising a bona fide defence, and the summary judgment app…
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Absa Bank Ltd v Peacock and Another (1340/2020) [2020] ZAWCHC 154 (26 October 2020)
The defendant's opposition to summary judgment is not bona fide and is contradicted by her own prior affidavit, which admits to four mortgage bonds and the total indebtedness claimed by the plaintiff. The technical objections regarding short service and non-joinder of the City of Cape Town are minor and do not justify postponement or dismissal. The plaintiff's inability to produce the original written agreement does not preclude enforcement, as secondary evidence is admissible. The defence advanced is opportunistic and lacks merit. Accordingly, summary judgment is justified and granted in fav…
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