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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 36

Municipal Employees Pension Fund v Ntabankulu Local Municipality (11262/2022)

Municipal Employees Pension Fund v Ntabankulu Local Municipality (11262/2022) [2025] ZAGPJHC 36 (22 January 2025)

The High Court granted leave to appeal against refusal of rescission of a default judgment, finding arguable issues under Rule 42(1), the common law, and section 17.

  • Rescission Of Judgment
  • Leave To Appeal
  • Uniform Rules Rule 42
  • Superior Court Act Section 17
  • Rescission-of-judgment
  • Leave-to-appeal
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Civil Procedure [2022] ZAGPPHC 496

Jawaharlal v Celaglo (Pty) Ltd and Others (15531/2021)

Jawaharlal v Celaglo (Pty) Ltd and Others (15531/2021) [2022] ZAGPPHC 496 (28 June 2022)

The High Court rescinded a final liquidation order, finding the applicant was absent through procedural irregularity and that the debt was genuinely disputed.

  • Rescission Of Judgment
  • Liquidation Proceedings
  • Company Creditor Rights
  • Uniform Rules Rule 42
  • Common Law Rescission
  • Companies Act Section 345
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Civil Procedure [2021] ZAGPJHC 453

Moraka and Another v Industrial Development Corporation of South Africa and Others (2019/12579)

Moraka and Another v Industrial Development Corporation of South Africa and Others (2019/12579) [2021] ZAGPJHC 453 (22 September 2021)

The High Court dismissed an application to rescind default judgment, finding no basis under rule 42 or common law and awarding attorney-and-client costs.

  • Rescission Of Judgment
  • Uniform Rules Rule 42
  • Default Judgment
  • Discovery Affidavit
  • Wilful Default
  • Rescission-of-judgment
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Civil Procedure [2019] ZAGPPHC 84

Ramosebudi v Mercedes Benz Financial Services South Africa (Pty) Ltd (51196/2017)

Ramosebudi v Mercedes Benz Financial Services South Africa (Pty) Ltd (51196/2017) [2019] ZAGPPHC 84 (20 March 2019)

The High Court dismissed an application to rescind a default judgment over a vehicle finance agreement, finding no adequate basis to disturb the earlier order.

  • Jurisdiction
  • Rescission Of Judgment
  • Default Judgment
  • National Credit Act Compliance
  • Uniform Rules Rule 42
  • Uniform Rules Rule 18
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Civil Procedure [2014] ZAGPJHC 411

Julie and Another v Firstrand Bank Limited (25964/2013)

Julie and Another v Firstrand Bank Limited (25964/2013) [2014] ZAGPJHC 411 (28 February 2014)

The High Court dismissed a Rule 42 rescission application after finding that the bank had sent and obtained acknowledgement of a section 129 notice.

  • Rescission Of Judgment
  • Section 129 Notice
  • National Credit Act Compliance
  • Uniform Rules Rule 42
  • Rescission-of-judgment
  • Section-129-notice
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.