South Africa Case Law

Shoprite Checkers (Pty) Ltd v Trustees for The Time Being of The 3 Broten Trust (39386/2021)

Shoprite Checkers (Pty) Ltd v Trustees for The Time Being of The 3 Broten Trust (39386/2021) [2023] ZAGPJHC 130 (6 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

39386/2021

Judge

ML Senyatsi

The High Court allowed Shoprite Checkers to amend its particulars of claim, rejecting objections that the amendments made the pleading vague or required joinder.

• Amendment Of Pleadings
• Vague And Embarrassing Exception
• Joinder Of Parties
• Trustee Citation
• Amendment-of-pleadings
• Vague-and-embarrassing-exception

Rupert Investments (Pty) Ltd v J.H. Petzer Inc and Others (36878/2013)

Rupert Investments (Pty) Ltd v J.H. Petzer Inc and Others (36878/2013) [2015] ZAGPPHC 118 (13 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

36878/2013

Judge

H.J Fabricius

The court dismissed an application to cancel mortgage bonds over two properties, finding the tendered guarantee defective and the amended relief incompetent.

• Mortgage Bond Cancellation
• Trustee Citation
• Guarantee Acceptability
• Joinder Of Trustees
• Mortgage-bond-cancellation
• Trustee-joinder

Nedbank Ltd v Trustees for the time being of the OC Vermeulen Trust and Others (12750/2010)

Nedbank Ltd v Trustees for the time being of the OC Vermeulen Trust and Others (12750/2010) [2011] ZAWCHC 382 (12 September 2011)

Court

Western Cape High Court, Cape Town

Case number

12750/2010

Judge

J I Cloete

The court found that the reference to 'Defendant' in the summary judgment application was sufficient to cover all three defendants, as there was no prejudice and the second defendant clearly understood the case against him. The first and third defendants failed to file opposing affidavits or furnish security, and thus did not meet the requirements to resist summary judgment. The citation of the trustees as a class was legally permissible and did not render the first defendant improperly before the court. The agreement between the parties only suspended enforcement for three months, after whic…

Source excerpt

• Mortgage Bond Enforcement
• Suretyship Liability
• Summary Judgment
• National Credit Act Compliance
• Special Executability
• Trustee Citation

Marais NO v Zoo Net Trading CC t/a Durr Estates (ECJ 043/2005)

Marais NO v Zoo Net Trading CC t/a Durr Estates (ECJ 043/2005) [2005] ZAECHC 20 (25 May 2005)

Court

High Courts - Eastern Cape

Case number

ECJ 043/2005

Judges

Froneman, Norman

The High Court set aside summary judgment, joined the correct trustees, granted leave to defend, and imposed punitive costs after finding abuse and false affidavits.

• Joinder Of Parties
• Summary Judgment
• Trustee Citation
• Abuse Of Trust Form
• Costs De Bonis Propriis
• Summary-judgment