South Africa Case Law

Cronje and Another v Forgeweld Engineering (Pty) Ltd and Others (96943/2016)

Cronje and Another v Forgeweld Engineering (Pty) Ltd and Others (96943/2016) [2024] ZAGPPHC 816 (22 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

96943/2016

Judge

E van der Schyff

The court found that the applicants failed to meet the requirements for rescission under both Rule 42(1)(a) and the common law. Their absence was elected, not precluded, and they were given proper notice of the proceedings. The explanation provided for their default and the delay in bringing the rescission application was neither reasonable nor satisfactory. The alleged fraud was not substantiated to the high threshold required, as the facts relied upon were merely belated defences and not deliberate misrepresentations. The voluntary surrender proceedings did not suspend legal action, and the…

Source excerpt

• Rescission Of Judgment
• Default Judgment
• Fraud In Civil Proceedings
• Sales In Execution
• Voluntary Surrender
• Locus Standi

Sunrise Technologies (PTY) Ltd v Friedshelf 422 (PTY) Ltd and Others (2022-17784)

Sunrise Technologies (PTY) Ltd v Friedshelf 422 (PTY) Ltd and Others (2022-17784) [2022] ZAGPJHC 722 (20 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022-17784

Judge

Swanepoel AJ

The High Court granted an urgent interdict over advertising signs sold in execution, finding non-compliance with Rule 45(3) and unlawful interference with customer contracts.

• Sales In Execution
• Interdict
• Unlawful Competition
• Rule 45 Uniform Rules
• Contractual Interference
• Sales-in-execution

Shoprite Checkers Ltd t/a Megasave v Khan and another (ECJ 2004/007)

Shoprite Checkers Ltd t/a Megasave v Khan and another (ECJ 2004/007) [2004] ZAECHC 19 (8 July 2004)

Court

High Courts - Eastern Cape

Case number

ECJ 2004/007

Judges

Erasmus, Plasket, Dambuza

Full bench appeal on execution sale conditions. The court held clause 20, requiring bondholder consent after auction, conflicted with Rule 46 and was invalid.

• Sales In Execution
• Uniform Rules Of Court Rule 46
• Suspensive Conditions
• Contract Severability
• Public Auction Procedure
• Sales-in-execution