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South Africa decisions
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Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015) [2025] ZAGPJHC 724 (23 July 2025)
The High Court refused leave to appeal, finding no reasonable prospects of success on the alleged disputes about a power of attorney, property value, or damages.
Die Orffer Langdoed (Pty) Ltd v Orffer N.O and Others (17494/2024) [2025] ZAWCHC 14; [2025] 2 All SA 777 (WCC) (23 January 2025)
The Court found that the resignation of the third Trustee, Mr Stofberg, was effective upon the Master noting receipt of the resignation, in accordance with the Trust Deed and Section 21 of the Trust Property Control Act. The remaining Trustees were empowered to execute the resolution and Special Power of Attorney. The Trust's attempt to revoke the Special Power of Attorney was inconsistent with its prior conduct and representations, invoking the doctrine of estoppel. The Special Power of Attorney, securing a debt, is irrevocable until the debt is discharged. The sale agreement was validly con…
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Standard Bank of South Africa Limited v Baxter (26936/2015) [2024] ZAGPJHC 5 (3 January 2024)
The court found that the respondent had defaulted on his loan obligations and, by agreement, granted a special power of attorney post-default to the applicant, authorising the sale of the properties to reduce his indebtedness. The sale was conducted in accordance with the power of attorney, and the respondent was kept informed throughout the process. The respondent's allegations of underselling and lack of notification were unsubstantiated and contradicted by documentary evidence, including email correspondence and valuations. The court held that the parate executie principle was not violated…
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Fisher obo TS.M and Another v Road Accident Fund (2010 /34001) [2023] ZAGPJHC 160 (14 February 2023)
The High Court rescinded curator ad litem appointments after finding the curator’s prior involvement and the attorneys’ handling of damages created serious independence and fee-accounting concerns.
Kliprant Agri (Pty) Ltd and Others v Firstrand Bank Limited and Others (46489/2021) [2021] ZAGPPHC 605 (23 September 2021)
The court found that the applicants had not established any legal grounds for the urgent interdict. Their conduct, including the timing of the application and admissions made, demonstrated that the application was launched to delay transfer and secure further occupation of the property, rather than to obtain legal redress. The applicants conceded that their motive was to buy time and pursue undisclosed investigative purposes, which were not supported by the papers. The court held that this amounted to an abuse of process. Furthermore, the sale and transfer of Syferfontein by FirstRand Bank wa…
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Viera v Steenkamp and Another (22732/17) [2017] ZAGPPHC 910 (31 March 2017)
Urgent High Court application dismissed because the applicant failed to plead a proper mandament van spolie case or identify the right allegedly infringed.
Steyn NO and Others v Blockpave (Pty) Ltd (2959/2010) [2010] ZAFSHC 134 (12 October 2010)
The court found that the Dries Steyn Trust was not properly before the court because no valid resolution was taken by the full complement of trustees to institute proceedings against the respondent. The minutes relied upon did not evidence a decision to sue, nor was there a written resolution signed by all trustees as required by the trust deed. The absence and subsequent resignation of the third trustee rendered the trust incapable of acting, as the minimum number of trustees required by the trust deed was not met and the replacement trustee had not yet been authorised by the Master. The spe…
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