South Africa Case Law

Predynamic (Pty) Ltd v Kruger & Co Inc and Another (20457/2023)

Predynamic (Pty) Ltd v Kruger & Co Inc and Another (20457/2023) [2025] ZAWCHC 237 (2 June 2025)

Court

Western Cape High Court, Cape Town

Case number

20457/2023

Judge

Lekhuleni

The court found that the first defendant provided a bona fide and reasonable explanation for its failure to file a plea, namely its belief that the interpleader proceedings suspended the main action. The conduct of both parties supported this belief, as neither pursued further proceedings until after the interpleader was resolved. The first defendant demonstrated a bona fide defence regarding the limitation of its liability under the undertaking and raised relevant issues for the determination of costs. The court held that denying the first defendant the opportunity to plead would violate its…

Source excerpt

• Default Judgment
• Upliftment Of Bar
• Undertaking Liability
• Costs Award
• Condonation
• Res Judicata

Walker v Williams and Another (84955/2014)

Walker v Williams and Another (84955/2014) [2018] ZAGPPHC 737 (15 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

84955/2014

Judge

C.P. Rabie

The High Court rescinded a default judgment after finding the respondent lacked locus standi to claim under an undertaking and that the applicant had a bona fide defence.

• Rescission Of Judgment
• Locus Standi
• Authority Of Agent
• Undertaking Liability
• Rescission-of-judgment
• Locus-standi