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South Africa Case Law

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Family And Children [2025] ZAGPPHC 778

S.J.H-C v R.M.L (8233/2017)

S.J.H-C v R.M.L (8233/2017) [2025] ZAGPPHC 778 (25 July 2025)

The High Court dismissed an application to set aside a warrant of execution arising from a maintenance settlement agreement, with costs on a punitive scale.

  • Maintenance Enforcement
  • Warrant Of Execution
  • Variation Of Settlement Agreement
  • Costs Award
  • Maintenance-enforcement
  • Warrant-of-execution
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Civil Procedure [2025] ZAGPJHC 489

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457)

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457) [2025] ZAGPJHC 489 (23 May 2025)

The High Court set aside a warrant of execution issued on a pension-fund determination, holding that the Johannesburg registrar lacked jurisdiction.

  • Warrant Of Execution
  • Jurisdiction Of High Courts
  • Pension Fund Contributions
  • Enforcement Of Adjudicator Determinations
  • Warrant-of-execution
  • High-court-jurisdiction
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Civil Procedure [2025] ZAGPJHC 228

Bushula v Mercedes-Benz Financial Services South Africa (Pty) Ltd (2024/101186)

Bushula v Mercedes-Benz Financial Services South Africa (Pty) Ltd (2024/101186) [2025] ZAGPJHC 228 (6 March 2025)

The court found that the applicant failed to demonstrate sufficient urgency to justify the matter being heard on the urgent roll. The applicant's reliance on his vehicle for business and personal reasons did not constitute grounds for bypassing the normal court process, especially as he had previously brought the same application which was struck for lack of urgency. The applicant had remedies available in the ordinary course and was not entitled to urgent relief. The repeated filing of the same application amounted to an abuse of process. The court held that costs on an attorney-client scale…

  • Urgency In Motion Proceedings
  • Attorney Client Costs
  • Warrant Of Execution
  • Abuse Of Process
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Family And Children [2025] ZAGPJHC 40

R.G.S v M.S (21620/2019)

R.G.S v M.S (21620/2019) [2025] ZAGPJHC 40 (24 January 2025)

The High Court set aside a warrant of execution for Rule 43 maintenance arrears, finding the amounts claimed were uncertain and included items outside the order.

  • Rule 43 Maintenance
  • Warrant Of Execution
  • Affidavit Procedure
  • Quantification Of Judgment Debt
  • Contempt Of Court
  • Rule-43-maintenance
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Civil Procedure [2024] ZAGPPHC 1298

Thondlana v ABSA Bank Limited (Leave to Appeal) (29241/2017)

Thondlana v ABSA Bank Limited (Leave to Appeal) (29241/2017) [2024] ZAGPPHC 1298 (3 December 2024)

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no basis to interfere with its earlier exercise of discretion.

  • Leave To Appeal
  • Judicial Discretion
  • Postponement
  • Warrant Of Execution
  • Leave-to-appeal
  • Judicial-discretion
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Civil Procedure [2024] ZAGPPHC 1183

Bela-Bela Local Municipality v Dikala Plant Hire CC and Others (031630/2023)

Bela-Bela Local Municipality v Dikala Plant Hire CC and Others (031630/2023) [2024] ZAGPPHC 1183 (22 November 2024)

The High Court set aside warrants of execution and a notice of attachment after finding the matter was not moot, and ordered each party to pay its own costs.

  • Warrant Of Execution
  • Attachment Of Property
  • Costs Order
  • Mootness
  • Warrant-of-execution
  • Attachment-of-property
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Civil Procedure [2024] ZAGPPHC 647

Dzviti and Another v Ehlers Fakude Incorporated (A6/2024)

Dzviti and Another v Ehlers Fakude Incorporated (A6/2024) [2024] ZAGPPHC 647 (2 July 2024)

The High Court dismissed an appeal against an order declaring immovable property specially executable after prior execution against movables and refused a postponement.

  • Warrant Of Execution
  • Section 66 Magistrates Court Act
  • Postponement Of Hearing
  • Preferent Creditor Notification
  • Civil-procedure
  • Warrant-of-execution
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Civil Procedure [2024] ZAGPPHC 430

Base Major Construction (Pty) Ltd v Esorfraki Pipelies (Pty) Ltd and Others (56730/2012)

Base Major Construction (Pty) Ltd v Esorfraki Pipelies (Pty) Ltd and Others (56730/2012) [2024] ZAGPPHC 430 (30 April 2024)

Urgent application struck from the roll after the court found the matter was self-created urgent and the applicant failed to justify urgent relief.

  • Urgency
  • Warrant Of Execution
  • Rescission Application
  • Stay Of Execution
  • Warrant-of-execution
  • Rescission-application
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Civil Procedure [2024] ZANCHC 32

Moribe Tombstones (Pty) Ltd v Balju (Kuruman) and Others (610/2024)

Moribe Tombstones (Pty) Ltd v Balju (Kuruman) and Others (610/2024) [2024] ZANCHC 32 (5 April 2024)

The High Court held the applicant failed to prove possession or ownership of goods removed by the sheriff and discharged the rule nisi with costs.

  • Mandament Van Spolie
  • Rei Vindicatio
  • Warrant Of Execution
  • Magistrates Court Rules
  • Urgent Interdict
  • Mandament-van-spolie
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Family And Children [2024] ZAFSHC 6

M.W.H v N.E.H and Another (A69/2023)

M.W.H v N.E.H and Another (A69/2023) [2024] ZAFSHC 6 (9 January 2024)

The High Court held that retirement-policy proceeds were taxable in the respondent’s hands, so the appellant had complied with the divorce settlement.

  • Divorce Settlement
  • Pension Interest Transfer
  • Tax Liability On Pension
  • Warrant Of Execution
  • Costs Award
  • Divorce-settlement
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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.