South Africa Case Law

Topolo v Road Accident Fund (EL 359/2014)

Topolo v Road Accident Fund (EL 359/2014) [2023] ZAECELLC 33 (26 September 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 359/2014

Judge

Madyibi

The Court found that the death of the plaintiff's attorney, Mr Jekubeni, on the same day the summons was issued, created an objective impossibility that prevented the service of summons on the defendant before the expiry of the five-year prescription period. The plaintiff only became aware of the attorney's death after the prescription period had lapsed and had no means to serve the summons or prevent prescription. Applying the impossibility principle as articulated in Van Zyl N.O. v Road Accident Fund, the Court held that prescription did not run during the period of impossibility. The defen…

Source excerpt

• Prescription
• Road Accident Fund Act
• Impossibility
• Special Plea
• Service Of Summons

Body Corporate Ruby Court v Boyce (55013/2020)

Body Corporate Ruby Court v Boyce (55013/2020) [2023] ZAGPPHC 1136 (7 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

55013/2020

Judge

Yende

The High Court declared a sectional title unit specially executable for arrear levies, set a reserve price of R500,000, and ordered attorney-client costs.

• Sectional Title Schemes Management Act
• Special Executability
• Service Of Summons
• Arrear Levies
• Rule 46 Uniform Rules
• Reserve Price Setting

Chetty v Barloworld South Africa (240/2019)

Chetty v Barloworld South Africa (240/2019) [2023] ZAGPPHC 39 (23 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

240/2019

Judge

Phahlamohlaka

The High Court dismissed an unrepresented applicant’s rescission application, finding no error in a default judgment or basis for common-law rescission.

• Rescission Of Judgment
• Suretyship Agreement
• Default Judgment
• Rule 42 Uniform Rules
• Service Of Summons
• Rescission-of-judgment

Kanhym Estates (Pty) Ltd v Steve Tshwete Local Municipality (3234/2019)

Kanhym Estates (Pty) Ltd v Steve Tshwete Local Municipality (3234/2019) [2022] ZAMPMHC 4 (28 March 2022)

Court

Middelburg High Court, Mpumalanga

Case number

3234/2019

Judge

S S Mphahlele

The High Court uplifted a bar under Rule 27(2), finding sufficient cause for the defendant to file a plea and noting the dispute over service and arrears.

• Upliftment Of Bar
• Rule 27 Uniform Rules
• Plea And Counterclaim
• Service Of Summons
• Upliftment-of-bar
• Rule-27-2

Gopane and Another v Firstrand Bank Limited (49663/2009)

Gopane and Another v Firstrand Bank Limited (49663/2009) [2020] ZAGPJHC 321 (8 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

49663/2009

Judge

H M Vally

The High Court dismissed an application for leave to appeal, finding the applicants repeated earlier arguments rather than showing prospects of success under section 17(1).

• Leave To Appeal
• Section 129 National Credit Act
• Service Of Summons
• Debt Settlement
• Constitutional Validity Of Executable Orders
• Leave-to-appeal

Mphanama v Minister of Police and Others (411/2015)

Mphanama v Minister of Police and Others (411/2015) [2020] ZALMPPHC 20 (13 May 2020)

Court

Limpopo High Court, Polokwane

Case number

411/2015

Judge

KGANYAGO

The High Court held that the criminal summons was not properly served, but the warrant of arrest was lawfully authorised and executed, so the plaintiff’s action failed.

• Unlawful Arrest
• Warrant Of Arrest
• Malicious Prosecution
• Service Of Summons
• Section 43 Criminal Procedure Act
• Unlawful-arrest

Kwinana v Mercedes-Benz Finance and Insurance, a division of Mercedes-Benz Financial Services South Africa (Pty) Limited and Another (20044/2019)

Kwinana v Mercedes-Benz Finance and Insurance, a division of Mercedes-Benz Financial Services South Africa (Pty) Limited and Another (20044/2019) [2020] ZAGPPHC 35 (29 January 2020)

Court

North Gauteng High Court, Pretoria

Case number

20044/2019

Judge

E M Kubushi

The High Court rescinded a default judgment and set aside a vehicle delivery warrant, finding the summons service disputed and the credit agreement enforced prematurely during pending debt review.

• Rescission Of Judgment
• Debt Review
• National Credit Act
• Service Of Summons
• Premature Enforcement
• Rescission-of-judgment

Moto Health Care Medical Scheme v HMI Healthcare Corporation (Pty) Ltd and Others (341/18)

Moto Health Care Medical Scheme v HMI Healthcare Corporation (Pty) Ltd and Others (341/18) [2019] ZASCA 87 (31 May 2019)

Court

Supreme Court of Appeal

Case number

341/18

Judges

Ponnan, Schippers, Davis, Eksteen, Rogers

The SCA held that Moto Health was not entitled to declaratory relief on waiver, condonation, or prescription, and dismissed the appeal with costs.

• Declaratory Relief
• Prescription Act
• Companies Act Section 359
• Waiver And Condonation
• Service Of Summons
• Abuse Of Process

Louw v Grobler and Another (3074/2016)

Louw v Grobler and Another (3074/2016) [2016] ZAFSHC 206 (15 December 2016)

Court

Free State High Court, Bloemfontein

Case number

3074/2016

Judge

Rampai

The court held that although the particulars of claim did not expressly state the attorney's right of appearance in terms of section 4 of Act 62/1995, the combined summons was properly signed by an attorney who was qualified to appear in the High Court. The omission on the particulars of claim was a technical defect that did not render the summons irregular, as the combined summons is a single legal document and the proper signing of the summons redeemed the defect. Regarding the time to defend, the second defendant was served in Bloemfontein within jurisdiction and afforded ten days, which w…

Source excerpt

• Irregular Step
• Signing Of Pleadings
• Right Of Appearance
• Service Of Summons
• Prejudice Requirement

Standard Bank of South Africa Limited: Vehicle And Asset Finance Division v Bahlodi Cameron (Pty) Ltd (57768/2014)

Standard Bank of South Africa Limited: Vehicle And Asset Finance Division v Bahlodi Cameron (Pty) Ltd (57768/2014) [2015] ZAGPPHC 467 (12 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

57768/2014

Judge

H K Kooverjie

The court found that the applicant failed to show good cause for rescission of the default judgment. The applicant did not present a sustainable or bona fide defence, as there was no evidence of a negotiated settlement with the bank, nor any substantiation of the alleged payment of arrears. The applicant's absence from the hearing and lack of pursuit of the application further undermined its case. The bank demonstrated that the summons was properly served and that the applicant remained indebted. Consequently, the application for rescission was dismissed with costs.

Source excerpt

• Rescission Of Default Judgment
• Good Cause Requirement
• Bona Fide Defence
• Service Of Summons