Nedbank Limited v Uphuhliso Investments and Projects (Pty) Limited and Others (2021/6604) [2022] ZAGPJHC 723; [2022] 4 All SA 827 (GJ) (22 September 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2021/6604
Judge
Gilbert
High Court summary judgment in a bank debt claim upheld after the defendants failed to raise bona fide, pleaded defences.
Standard Bank of South Africa (Limited) v Coetzee (8594/2020) [2021] ZAWCHC 281 (12 April 2021)
Court
Western Cape High Court, Cape Town
Case number
8594/2020
Judge
Nel
The court found that the plaintiff had not complied with section 129 of the National Credit Act by failing to send the required notice to the defendant's updated domicilium address. Section 130(4)(b) of the NCA is peremptory and requires the court to adjourn proceedings to allow compliance. The court rejected the defendant's argument that Rule 32(4) precludes such relief, holding that the full bench decision in Pillay is binding and permits postponement of summary judgment applications for compliance with the NCA. The defendant's challenge to the arrear amount was not determined at this stage…
JR Quality Projects (Pty) Limited v Tutelage Real Economic Empowerment (Pty) Limited (4150/2015) [2016] ZAECPEHC 2 (25 February 2016)
Court
Eastern Cape High Court, Port Elizabeth
Case number
4150/2015
Judge
N G Beshe
The court granted summary judgment for delivery of 25% of shares, rejecting an alleged oral release because it was unsupported and barred by the non-variation clause.
ABSA Bank Ltd in its capacity as the trustee of the Fountainhead Property Trust v Barinor New Business Venture (Pty) Ltd (7630/2011) [2011] ZAWCHC 313; 2011 (6) SA 225 (WCC) (17 June 2011)
Court
Western Cape High Court, Cape Town
Case number
7630/2011
Judge
A.G. Binns-Ward
The court held that the combined summons was fatally defective because it was signed by an attorney who, although holding a certificate of right of appearance under the Right of Appearance in Courts Act, was not enrolled by the registrar of the Western Cape High Court as required by the Attorneys Act. The court found that the relevant legislative provisions require that an attorney must be admitted, enrolled, and entitled to practise as such in the division concerned to sign pleadings. The Right of Appearance in Courts Act regulates only the right to appear in superior courts and does not ove…
Nedbank Limited v Fraser and Another, Nedbank Limited v Chabalala and Another, Nedbank Limited v Machitele and Another, Nedbank Limited v Moccasin Investments (Pty) Limited, Absa Bank Limited v Young Star Traders CC and Another (2011/00418, 2011/9315, 2010/28374, 2010/31703) [2011] ZAGPJHC 35; 2011 (4) SA 363 (GSJ) (4 May 2011)
The court held that, following the amendment to Rule 46(1)(a) and the Constitutional Court's decision in Gundwana, judicial oversight is mandatory before declaring immovable property executable when it constitutes a person's home. The relevant circumstances include the origin of the debt, whether the property was hypothecated as security, the amount of the debt and arrears, and the existence of reasonable alternatives to execution. Where the debt arises from a mortgage bond used to acquire the property and substantial arrears exist, execution is generally justified unless there is evidence of…
Absa Bank Ltd v Uys (4922/2011) [2011] ZAWCHC 50 (16 March 2011)
Court
Western Cape High Court, Cape Town
Case number
4922/2011
Judge
Cleaver
The court granted summary judgment perfeсting a notarial bond, holding that no section 129 notice was required for the main indebtedness tied to a suretyship outside the NCA.
Standard Bank of South Africa Ltd v Die Rasie en Ronel Kleyb Familie Trust en Anders, Standard Bank of South Africa Ltd v Joseph (18534/2010, 19441/2009) [2010] ZAWCHC 600 (3 December 2010)
Court
Western Cape High Court, Cape Town
Case number
18534/2010, 19441/2009
Judge
R B Cleaver
The court granted judgment in two matters, holding that section 129 notice compliance under the National Credit Act was sufficiently shown in compliance affidavits.
