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South Africa decisions
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Oates v South African Council For Architectural Professions and Another (A206/22) [2025] ZAGPPHC 440 (7 May 2025)
The High Court dismissed a belated Rule 7 challenge to an attorney’s authority, struck scandalous allegations from affidavits, and awarded costs.
New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022/042145) [2024] ZAGPPHC 500 (28 May 2024)
High Court strike-out application in a shareholder dispute, addressing scandalous matter, new matter in reply, and evidence allegedly obtained by theft.
Bana v Georgiou (3759/2023) [2024] ZAFSHC 171 (16 May 2024)
The court found that the applicant failed to establish a liquidated claim against the respondent, as the Acknowledgement of Debt (AOD) constituted a credit agreement under the National Credit Act. The applicant was not registered as a credit provider, rendering the AOD unlawful and void. The respondent's defence regarding the invalidity of the AOD was based on a legal principle and could be decided on the papers. The alleged oral agreement was also disputed on bona fide and reasonable grounds. Consequently, the applicant did not satisfy the first requirement for provisional sequestration. The…
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Lipschitz v Crook and Another (12395/2014) [2023] ZAGPJHC 1472 (22 December 2023)
The court held that interest on the taxed costs of R2 034 738.80 commenced running from 14 October 2021, the date the arbitration panel published its new award after considering the remitted issue. The previous award was extinguished by the court's review and could not be reinstated by the panel; the new award created a fresh obligation. The making of the award an order of court on 17 February 2022 was merely a mechanism for enforcement and did not affect the accrual of interest. The suspension of the writ of execution by court order on 15 March 2022 did not suspend the running of interest, a…
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Adams v Jugwanth t/a Jugwanth Attorneys (4175/2020) [2023] ZAGPJHC 1275 (7 November 2023)
The High Court dismissed a rescission application, finding proper service and prior knowledge of the summons, and struck out scandalous allegations.
Assupol Life v Martin's Zeerust North West (Pty) Ltd (1042/2017) [2023] ZANWHC 200 (3 November 2023)
The court found that the defendant failed to demonstrate that the order of 11 August 2022 was erroneously granted. The defendant was represented at the hearing, and no facts existed that would have induced the judge not to grant the order. The matter was properly postponed to the opposed roll, and the defendant's failure to comply with previous orders precipitated the postponement. The application for rescission was therefore dismissed. The application to strike out paragraphs of the plaintiff's answering affidavit was also dismissed, as the content did not warrant striking out and complied w…
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Montle and Neo Transport Service and Another v Engen Petroleum Limited and Another (20420/2022) [2023] ZAWCHC 212 (18 August 2023)
The court found that the distribution agreement was terminated lawfully by the first respondent in terms of clause 5.2, which permitted termination on ninety days' written notice without the need for reasons. The applicants failed to distinguish between termination by notice and cancellation for breach, and their allegations regarding breach and motive were legally irrelevant. The applicants did not plead or prove any facts to support a public policy challenge to the termination clause or its enforcement, and their attempt to introduce such an argument in heads of argument was impermissible a…
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Hacker v Hartmann and Others (1415/2017) [2019] ZAECPEHC 22 (10 April 2019)
High Court case on delinquent-director relief, section 45 financial assistance, and striking-out of scandalous affidavit material.
Absa Bank Limited v Adam; Absa Bank v Adam and Others (42823/2013; 42824/2013) [2016] ZAGPPHC 1000 (24 November 2016)
The High Court dismissed ABSA’s bid to strike out the defendants’ plea and enter judgment, while striking irrelevant affidavit material and awarding costs.
V v V and Another (3775/2015) [2015] ZAFSHC 247 (10 December 2015)
The High Court amended a divorce settlement to redirect pension-linked accrual money and deleted a trust clause; a strike-out application was dismissed.
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