South Africa Case Law

Seleka v Fast Issuer SPV (RF) Limited and Another (46620/20)

Seleka v Fast Issuer SPV (RF) Limited and Another (46620/20) [2021] ZAGPPHC 128 (10 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

46620/20

Judge

Mabuse

The Court found that the default judgment of 6 March 2020 was granted by the Registrar, not the Court, in contravention of section 130(3) of the National Credit Act. The Registrar is not empowered to grant default judgments in matters governed by the NCA, as the oversight function is reserved for the Court to ensure statutory compliance and protect consumer rights. The respondent's reliance on section 23 of the Superior Courts Act was misplaced, as it does not override the specific prohibition in the NCA. The absence of a judge's name or initials on the order and lack of evidence that the mat…

Source excerpt

• Default Judgment
• National Credit Act
• Jurisdiction Of Registrar
• Debt Review
• Setting Aside Judgment

Rossouw NO and Others v Leeuwenhoek Boerdery (EDMS) BPK and Others (2627/2011)

Rossouw NO and Others v Leeuwenhoek Boerdery (EDMS) BPK and Others (2627/2011) [2011] ZAWCHC 566 (4 November 2011)

Court

Western Cape High Court, Cape Town

Case number

2627/2011

Judge

Baartman

The court dismissed an application to set aside an eviction order for fraud, finding the applicants failed to prove the respondents misled the court.

• Setting Aside Judgment
• Fraud On The Court
• Director Authority
• Eviction Order
• Setting-aside-judgment
• Fraud-on-the-court

Jacobs v Maritz and Others; Maritz and Others v Jacobs (4525/2008)

Jacobs v Maritz and Others; Maritz and Others v Jacobs (4525/2008) [2009] ZAFSHC 15 (12 February 2009)

Court

Free State High Court, Bloemfontein

Case number

4525/2008

Judge

Kruger, R

The court set aside a default judgment, deemed the applicant’s plea timeously filed, lifted the bar, and made no order as to costs.

• Default Judgment
• Condonation
• Setting Aside Judgment
• Pleadings
• Court Rules
• Default-judgment