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South Africa decisions
Decisions matching the current search
Sanlam Life Insurance Limited v Africhick Trading (Pty) Ltd t/a Africaz and Others (D946/2023) [2024] ZAKZDHC 12 (18 April 2024)
Summary judgment was refused because the supporting affidavit was contradictory and did not show that the deponent could swear positively to the facts.
Madhlopa and Thenga Incorporated v Rustenburg Local Municipality (1686/2021) [2023] ZANWHC 123 (20 July 2023)
The High Court dismissed a summary judgment application for non-compliance with Uniform Rule 32, including late filing without condonation and an inadequate supporting affidavit.
Nedbank Limited v Uphuhliso Investments and Projects (Pty) Limited and Others (2021/6604) [2022] ZAGPJHC 971 (17 November 2022)
The High Court dismissed a leave-to-appeal application in a summary judgment matter, upholding the divergence principle and awarding attorney-and-client costs.
Arum Transport CC v Mkhwenkwe Construction CC and Another (2812/2021P) [2021] ZAKZPHC 90; 2022 (2) SA 503 (KZP) (12 November 2021)
The court held that the plaintiff, by filing a replication after the delivery of the defendants' plea, had taken a further procedural step and thereby waived its right to apply for summary judgment. This position is supported by established authorities and commentary, which state that such procedural steps preclude the plaintiff from seeking summary judgment. Even if this conclusion were incorrect, the court found that the defendants had raised triable issues, including prescription and whether the debt was due, which justified refusal of summary judgment. The summary judgment procedure is st…
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Small Enterprise Finance Agency SOC Ltd v Re-Yakgona Transport CC and Another (5579/2017) [2018] ZAFSHC 115 (4 July 2018)
The High Court granted summary judgment for the plaintiff after finding the defendants’ opposition was only a bare denial and not a bona fide defence.
Mothopo v Pule Pule Attorneys (2018/4318) [2018] ZAGPJHC 106 (11 April 2018)
Summary judgment in a fee dispute was granted only for R17,200, with leave to defend the balance after the court found a bona fide defence to part of the claim.
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…
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Absa Bank Limited v HRM Concrete CC and Others (4498/2016) [2016] ZAGPPHC 1229 (2 July 2016)
High Court dismissal of a summary judgment application after the defendant successfully raised a technical objection that the simple summons was not sufficiently particularised.
Limeco CC v CMV Plant Hire CC (12279/2015) [2015] ZAKZDHC 40 (19 May 2015)
The High Court refused to place a matter on the expedited roll after summary judgment was refused, finding no exceptional circumstances and dismissing the application with costs.
SA Taxi Development Finance (Pty) Ltd v Nzama (36116/2013) [2015] ZAGPJHC 29 (6 February 2015)
Summary judgment was granted for the lessor after the respondent failed to show a bona fide defence to breach of a vehicle lease agreement.
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