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South Africa decisions
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Nedbank Limited v Abandoned Vehicle and Truck Solutions (Pty) Ltd and Others (074260/2023) [2025] ZAGPPHC 744 (22 July 2025)
The High Court varied an earlier order, confirmed that enrichment liens over motor vehicles cannot be ceded or sold, and ordered surrender of listed vehicles.
K2015353134 (South Africa) (Pty) Limited v Sibiya N.O and Others (056154/2024) [2025] ZAGPPHC 652 (25 June 2025)
The High Court struck an urgent application from the roll because the applicant failed to show urgency or lack of substantial redress in due course.
Kumalo and Others v Mphono and Others (Appeal) (A252/2023) [2025] ZAWCHC 302 (20 June 2025)
The appeal succeeded after the court found a chamber-book order ambiguous and not self-executing, set aside the dismissal, ordered oral evidence, and varied maintenance relief.
A.S v R.J-L.E (2025-081159) [2025] ZAGPJHC 633 (20 June 2025)
The court found that, despite two existing orders placing primary care and residence of the minor child with the respondent, the respondent voluntarily handed the child to the applicant for an extended period, indicating recognition of the applicant's suitability as primary caregiver. The court held that the best interests of the child are paramount and that substance must prevail over procedural formality. Given the allegations of alcoholism and mental instability, which the respondent denies but agrees to be tested for, and the applicant's demonstrated ability to provide care with assistanc…
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J.G.C v G.A.C (Appeal) (CA139/2023) [2025] ZAECMKHC 44 (13 May 2025)
The High Court upheld an appeal against an order compelling sale of jointly owned former matrimonial property, finding no proven breach of the deed of settlement.
MEC for the Department of Education, Eastern Cape v Ngxabi (2738/2021) [2025] ZAECMHC 33 (6 May 2025)
The court found that the impugned order awarded interest in excess of the principal amount, which is contrary to the in duplum rule, a well-established common law principle. The applicant's absence at the granting of the order did not preclude relief under Rule 42(1)(a), as the application was brought within a reasonable time and the absence was due to mediation efforts rather than deliberate avoidance. The respondent's reliance on the Zuma case was misplaced, as the circumstances differed materially. The court held that the requirements for variation under Rule 42(1)(a) were met, and the ord…
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M.J.M (Born P) v T.S.M (5955/2022) [2025] ZAFSHC 103 (19 March 2025)
The High Court found the respondent in contempt for failing to comply with a maintenance order, suspended a committal sentence, and varied interim child-care arrangements.
E.S v J.H.C.S (2022/17221) [2025] ZAGPJHC 275 (13 March 2025)
High Court application to uplift a notice of bar and amend divorce-settlement pleadings dismissed; absolution from the instance granted and costs awarded to the respondent.
P.Y.K v T.S.K (077720/2024) [2025] ZAGPPHC 241 (7 March 2025)
The High Court dismissed an application to declare that a divorce settlement allowed transfer of a former spouse’s share in immovable property without payment.
C.R.E v M.E (2023/131897) [2025] ZAGPJHC 716 (27 February 2025)
The applicant failed to demonstrate a patent error or omission attributable to the court in the granting of the Rule 43 interim maintenance order. The forensic audit and financial evidence presented were available during the original proceedings and do not constitute grounds for variation under Rule 42(1)(b). The applicant did not establish a material change in circumstances as required by Rule 43(6), nor did he prove fraud or deliberate suppression of evidence by the respondent. The order reflects the court's true intention based on the evidence before it, and the principle of finality precl…
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