Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Standard Bank of South Africa Limited v Khoza (2023/100165) [2025] ZAGPPHC 569 (23 May 2025)
The High Court confirmed cancellation of a credit card agreement, upheld delivery of section 129 notices, and ordered payment of the outstanding balance and costs.
Van Baalen and Another v ABSA Bank (22652/2022) [2024] ZAGPPHC 26 (3 January 2024)
The court held that the failure to annex true copies of the written credit agreements to the particulars of claim, as required by Uniform Rule 18(6), does not render the claim excipiable where the agreements have been misplaced and the respondent has pleaded the material terms and explained the inability to annex the documents. The substantive law does not preclude enforcement of a written contract merely because it is lost or destroyed. The respondent's particulars of claim set out sufficient terms to enable the excipients to plead thereto, and the issue of the agreements' existence and term…
Source excerpt
Absa Bank Limited v Cholwich (2016/20145) [2017] ZAGPJHC 155 (20 June 2017)
The court held that the plaintiff's inability to attach the original signed loan agreement is not fatal to its claim for summary judgment. The signed mortgage bonds provide sufficient evidence of the defendant's indebtedness and liability, and secondary evidence is admissible where the original contract cannot be found despite a diligent search. The defendant failed to deny the conclusion or terms of the loan agreement, did not dispute the arrears, and did not allege any prejudice from the missing agreement. The defendant did not disclose any bona fide defence or material facts to resist summ…
Source excerpt
Explore more
