South Africa Case Law

Pridin Trading (Pty) Ltd and Another v Boutique Leasing Company (Pty) Ltd and Another (046326-2024)

Pridin Trading (Pty) Ltd and Another v Boutique Leasing Company (Pty) Ltd and Another (046326-2024) [2025] ZAGPPHC 779 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

046326-2024

Judge

E van der Schyff

The court found that the applicants failed to establish extreme urgency justifying the departure from the timelines prescribed by Rule 6(5)(b). The applicants were aware of the default judgment and attachment of property by 24 June 2025 but delayed in launching urgent proceedings. The court was not satisfied that the applicants made out a case for urgency or condonation. Furthermore, the applicants did not demonstrate a bona fide defence or provide sufficient evidence to challenge the claim amount. The application for a stay of execution and interdict was therefore struck from the roll for la…

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• Stay Of Execution
• Default Judgment
• Service Of Process
• Rescission Of Judgment
• Urgency
• Master Agreement

Koutroulis and Another v ABSA Bank Limited and Another (2025-121587)

Koutroulis and Another v ABSA Bank Limited and Another (2025-121587) [2025] ZAGPPHC 765 (31 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-121587

Judge

E van der Schyff

The court found that the attachment of Mr. Koutroulis's Nedbank account was incomplete and invalid because notice of attachment was not given to all interested parties as required by Rule 45(8)(c)(i)(a). Rule 45(12) does not dispense with the notice requirement, and the two rules operate in tandem. The Sheriff’s own return confirmed that satisfaction of the writ had not been demanded from the judgment debtor. The court relied on Riordan v First National Bank Limited and others, which held that irregular attachments without proper notice must be set aside. Furthermore, the summons was not effe…

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• Attachment Of Bank Accounts
• Writ Of Execution
• Urgent Interdict
• Rescission Of Judgment
• Service Of Process

Shaya Phansi Projects CC v Montgomery Plant Hire and Construction CC and Another (2849/2021)

Shaya Phansi Projects CC v Montgomery Plant Hire and Construction CC and Another (2849/2021) [2025] ZAMPMHC 36 (25 July 2025)

Court

Middelburg High Court, Mpumalanga

Case number

2849/2021

Judge

Langa

The court found that the Applicant failed to establish that the default judgment was erroneously sought or granted. Service of the summons was effected at the registered address per the rules, and substantial compliance was achieved. Any confusion or prejudice resulted from the Applicant's own conduct in representing itself as a close corporation and failing to update CIPC records. The Applicant did not follow the correct procedure under Rule 31(5)(d), but this did not bar the application. However, the Applicant failed to set out a bona fide defence or good cause for rescission. The alleged d…

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• Rescission Of Judgment
• Default Judgment
• Service Of Process
• Rule 42
• Rule 31
• Contractual Dispute

Phumo and Another v National Director of Public Prosecutions (2024/110053)

Phumo and Another v National Director of Public Prosecutions (2024/110053) [2025] ZAGPPHC 735 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/110053

Judge

N N Bam

The court declined to set aside a preservation order, finding service complaints unpersuasive and directing service on the remaining affected respondents.

• Preservation Order
• Multiplication Scheme
• Pyramid Scheme
• Unlicensed Banking
• Service Of Process
• Urgent Motion

Pillay v Lopdale Energy (Pty) Ltd (2024/127178)

Pillay v Lopdale Energy (Pty) Ltd (2024/127178) [2025] ZAGPJHC 681 (15 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/127178

Judge

Johann Gautschi

The High Court granted final liquidation of Lopdale Energy (Pty) Ltd after finding it unable to pay its debts and rejecting its defences as not bona fide.

• Winding Up Of Company
• Acknowledgement Of Debt
• Insolvency
• Genuine And Bona Fide Defence
• Service Of Process
• Winding-up-of-company

Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916)

Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916) [2025] ZAGPJHC 680 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/21916

Judge

Noko

The court found that the applicant failed to comply with the requirements for substitution of parties under Rule 15(2) of the Uniform Rules of Court. The notice of substitution was not personally served on the correct trustee, and no application for leave to substitute was made after the commencement of the hearing. The return of service indicated that service was effected on the incorrect party and not on the trustee who should have been joined. The court held that these procedural defects were fatal to the application, and as a result, the rule nisi could not be confirmed. The applicant's f…

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• Substitution Of Parties
• Sequestration
• Service Of Process
• Trustee Authority

Financial Sector Conduct Authority v Financial Services Tribunal and Others (009838/2023)

Financial Sector Conduct Authority v Financial Services Tribunal and Others (009838/2023) [2025] ZAGPPHC 675 (9 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

009838/2023

Judge

N Janse Van Nieuwenhuizen

The court held that the FSCA may impose administrative penalties on peregrini under section 167 of the Financial Sector Regulation Act where the requirements of the section are satisfied and there is a sufficiently close connection between the conduct and South Africa. The court found that service of notice by any means, including electronic means, is sufficient to establish jurisdiction over peregrini for regulatory purposes. The common law was developed to reflect modern digital realities and the public interest in regulating cross-border financial misconduct. The majority decision of the T…

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• Financial Sector Regulation Act
• Jurisdiction Over Peregrini
• Administrative Penalties
• Service Of Process
• Development Of Common Law

Mofokeng and Another v South African Municipal Workers Union and Another (C300/2022)

Mofokeng and Another v South African Municipal Workers Union and Another (C300/2022) [2025] ZALCCT 46 (7 July 2025)

Court

Labour Court Cape Town

Case number

C300/2022

Judge

C de Kock

The Labour Court rescinded a default judgment after finding the applicants had not been properly served with the main application and were unaware of it.

• Rescission Of Judgment
• Service Of Process
• Authority To Institute Proceedings
• Audi Alterem Partem
• Fair Labour Practices
• Rescission-of-judgment

Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022)

Viljoen v Firstrand Bank Limited t/a Wesbank (16593/2022) [2025] ZAGPPHC 612 (13 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

16593/2022

Judge

LG Kilmartin

Default judgment in a credit enforcement matter was rescinded because the section 129 notice under the National Credit Act was not properly delivered.

• National Credit Act
• Section 129 Notice
• Default Judgment Rescission
• Service Of Process
• Consumer Credit Enforcement
• National-credit-act

Mmazwi Civil and Construction Services CC v Phopholo HM (Pty) Ltd (20831/2022)

Mmazwi Civil and Construction Services CC v Phopholo HM (Pty) Ltd (20831/2022) [2025] ZAGPJHC 601 (12 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

20831/2022

Judge

Khashane Manamela

The High Court dismissed an application to rescind a default judgment for truck-hire debt, finding no sufficient explanation for delay, no bona fide defence, and proper service.

• Rescission Of Judgment
• Default Judgment
• Oral Contract
• Service Of Process
• Condonation
• Bona Fide Defence