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Citation
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Judgment date
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| November 2025 |
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Summary judgment granted for repossession where defendant defaulted and failed to raise a bona fide triable defence.
Civil procedure – Summary judgment – Defendant must fully disclose nature, grounds and material facts of defence in plea and opposing affidavit; bald or unpleaded defences insufficient. Consumer credit/National Credit Act – Notice and cancellation – Creditor entitled to cancel and repossess where debtor in default and fails to remedy after s 129/130 notice. Evidence – Payments made after issue of summons or cancellation do not ordinarily defeat creditor's right to cancellation or repossession. Pleadings – New defences raised in affidavit must be pleaded (amend plea) to be considered in summary-judgment proceedings.
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20 November 2025 |
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A defective s129 NCA notice specifying the wrong arrears defeats the applicant’s summary judgment application; later correction cannot cure it.
National Credit Act – s129 notice of default must specify amount in arrears; defective s129 notice defeats summary judgment; corrected notice delivered after commencement cannot cure defective cause of action; s130(4) empowers court to adjourn/stay and direct steps to cure non‑compliance.
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20 November 2025 |
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Head injury not proven for lack of sworn evidence; R500,000 general damages (pre-apportionment) upheld and appeal dismissed.
• Personal injury – general damages – assessment where liability partly admitted; admissibility and evidential value of hospital records and expert reports without affidavits (Rule 38(2)); proof required for head injury and its consequences. • Apportionment of damages – agreed 20% against claimant and arithmetic error noted but not challenged. • Costs – trial judge’s discretion on scale of costs; non-opposition to appeal and costs consequences.
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20 November 2025 |
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Section 37D withholding: fund reversed withholding without hearing; interim interdict confirmed to preserve employer’s remedy.
Pension funds – section 37D(1)(b)(ii) – employer’s right to seek deduction/withholding of member’s benefit pending determination of liability; Fund discretion – reasonable exercise and audi alteram partem; Interim interdict – prima facie right and balance of convenience; Admissibility – limited admission of late supplementary affidavit.
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20 November 2025 |
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Leave to appeal granted under s 17 where respondent showed realistic prospects of success under the heightened statutory test.
Civil procedure – leave to appeal – s 17(1)(a)(i) and (ii) Superior Courts Act 10 of 2013 – ‘‘reasonable prospects of success’’ test – heightened threshold. Arbitration – making arbitral award order of court – limits on judicial interference – s 33(1) Arbitration Act 42 of 1965. Contract – dispute whether contract terminated by effluxion of time; entitlement to continue and practical completion date. Public policy and constitutional obligations – contention that enforcement of award would be contrary to public policy. Referral back to arbitration – Telcordia Technologies principle applied.
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20 November 2025 |
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Whether monthly R20,000 payments were salary or loans — court held respondents failed to prove a loan.
Payment characterisation – salary v loan – relevance of contemporaneous communications and bank references; burden on claimant to prove loan. Credibility – appellate interference where trial credibility findings are plainly wrong. Companies Act s45 – requirements and solvency/liquidity tests for loans to directors. Probabilities and documentary evidence in resolving mutually destructive versions.
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20 November 2025 |
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Rescission granted where defendant showed reasonable default explanation and bona fide, prima facie triable defences (s129 NCA and prescription).
Practice & procedure – rescission of default judgment – Uniform Rule 31(2)(b) and common law – requirements: reasonable explanation, bona fides, prima facie defence. National Credit Act 34 of 2005 – section 129 notice – non-compliance may render summons premature/irregular. Prescription – whether claim prescribed and whether subsequent payment interrupted prescription – triable issue. Condonation – late filing of rescission application – reasonable explanation and not excessive delay. Costs – rescission costs to be in course of main action.
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19 November 2025 |
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A solvent trust with no creditors cannot be voluntarily surrendered; sequestration must advantage creditors.
Insolvency law – Voluntary surrender – jurisdictional requirements: insolvency and advantage to creditors mandatory. Trust law – Sequestration not a vehicle to terminate a solvent trust or to avoid administrative/governance burdens. Trust Property Control Act – proper remedies for trustee vacancies and administrative difficulties (Master appointments; court directions).
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19 November 2025 |
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Urgent stay of execution of vehicle repossession refused; applicant lacked a clear right and balance of convenience favoured respondent.
Stay of execution – rescission pending – instalment sale/ownership – applicant in persistent default – balance of convenience – National Credit Act compliance alleged but not determinative – costs on Scale A.
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19 November 2025 |
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Court granted interim interdicts preserving estate property pending a disputed will’s determination and referred attorney conduct to the Legal Practice Council.
• Urgent application — condonation of non-compliance with rules and urgent enrolment
• Interim interdict — requirements (prima facie right, irreparable harm, balance of convenience, no alternative remedy)
• Estate litigation — preservation of immovable property pending resolution of competing wills
• Professional conduct — referral of attorney for appearing unrobed and causing delay to Legal Practice Council (s 55, Legal Practice Act)
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19 November 2025 |
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Statutory demand was not properly served; applicant failed to prove debt or inability to pay; winding up dismissed with punitive costs.
Companies – Winding up – statutory demand – demand must be left at company’s registered address to trigger s345(1)(a)(i) deeming; failure to prove underlying contractual debt where applicant cannot rely on deeming; inability to pay under s344(1)(c) requires proof; just and equitable winding up requires more than speculative inquiry; abuse of process and punitive costs where applicant fails to prosecute.
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19 November 2025 |
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Under PIE, foreign-notarised affidavits that only authenticate signatures were insufficient and the eviction application was dismissed for lack of relevant evidence; applicants ordered to pay costs.
Property law/PIE — Eviction proceedings; Formal requirements of affidavits notarised abroad; Late supplementary affidavits and cure of defects; Refusal of exceptional verification (oral evidence) in ordinary opposed motion court; Requirement to plead all relevant circumstances in family eviction disputes; Costs despite pro bono representation.
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19 November 2025 |
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Nulla bona return established insolvency; unsupported estate‑sale claims and non‑compliance led to final sequestration.
Insolvency – sequestration – nulla bona return as act of insolvency – advantage to creditors – reasonable prospect sufficient – unsupported reliance on proceeds of deceased estates irrelevant – failure to file court‑directed supplementary affidavit permits adverse inference.
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19 November 2025 |
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Provisional sequestration where judgment debt unpaid, sheriff’s attachment insufficient and prospect exists of assets to benefit creditors.
Insolvency – provisional sequestration – s 8(b) Insolvency Act – attachment of some movable property insufficient to satisfy judgment does not negate an act of insolvency; res judicata – arbitration settlement and court order preclude relitigation of NCA defences; advantage to creditors – need only a prospect not too remote that investigation may unearth assets (Hawker Aviation).
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19 November 2025 |
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Court implements jointly appointed social worker’s recommendations: shared residence for one child, primary residence and bonding therapy for the other; respondent pays maintenance and initial legal costs.
Children — Best interests principle — Weight to be given to jointly appointed social worker’s report and psychometric testing; Interim residence — primary care for one minor pending bonding therapy, shared residency for another; Parenting co‑ordinator — appointment, mandate to mediate and issue binding recommendations subject to court review; Therapeutic interventions — continuation of existing therapists, bonding therapy, parental individual therapy; Maintenance pendente lite — respondent ordered to pay specified household, schooling, medical and tertiary expenses; Contribution to legal costs — initial contribution ordered, certain items disallowed.
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18 November 2025 |
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Presumption of unlawfulness shifts burden to State; R7,667 awarded for same‑day unlawful arrest and detention.
Unlawful arrest and detention – presumption of unlawfulness – burden shifts to State to justify arrest – failure to rebut – quantum of solatium for short detention – costs follow result.
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18 November 2025 |
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Urgent application dismissed for lack of urgency, unsworn founding affidavit, lis pendens, non-joinder and improper monetary claims.
Civil procedure – Urgency – requirement to show inability to obtain substantial redress later; Lis pendens – effect of pending related proceedings; Founding affidavit – must be sworn/affirmed under Rule 6; Non-joinder – separate legal entities must be joined; Procedure – monetary, unliquidated claims to be pursued by action, not application.
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18 November 2025 |
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Urgent application dismissed for lack of urgency, unsworn affidavit, non-joinder and improper procedure for monetary claims.
Urgency — lis alibi pendens — Uniform Rule 6 (founding affidavit must be sworn/affirmed) — Non-joinder of interested legal persons — Improper use of application proceedings for unliquidated monetary claims — Costs on Scale A.
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18 November 2025 |
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Default judgment: respondent failed to justify arrest; brief same-day unlawful detention awarded R7,667 damages.
Unlawful arrest and detention – presumption of unlawfulness – onus on state to justify arrest – credibility and timing of detention – assessment of solatium damages – default appearance; costs follow result.
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18 November 2025 |
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Whether a provisional sale under Rule 46A is binding and who may seek cancellation after debtor's sequestration.
Rule 46A — execution against residential property — reserve price not achieved; provisional acceptance of highest bid subject to court confirmation; suspensive condition in sale in execution; effect of sequestration on locus standi and vesting of property; trustee’s election to confirm or repudiate; sheriff’s report and court’s reconsideration under Rule 46A(9).
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18 November 2025 |
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Ambiguous Acknowledgement of Debt creates triable issue; summary judgment dismissed and defendant granted leave to defend.
Civil procedure – Summary judgment – Rule 32 – Acknowledgement of Debt with ambiguous drafting and pronouns – meaning to be ascertained by text, context and purpose (Endumeni triad) – extrinsic evidence admissible to resolve ambiguity – triable issue raised – leave to defend granted.
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18 November 2025 |
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Seller validly cancelled for purchaser’s non‑provision of guarantee; deposit forfeiture not reduced under section 3.
Contract interpretation – remedial clauses – "timeously" construed with reference to fixed remedial period in clause 15.1; commercial certainty emphasised. Contractual cancellation – buyer’s failure to furnish bank guarantee within stipulated notice period justified lawful cancellation; not repudiation. Conventional Penalties Act s3 – court may reduce a contractual penalty only if forfeiture is disproportionate to prejudice; broad conception of "prejudice" includes lost opportunities and holding costs. Motion procedure – debtor may advance section 3 relief in the alternative without conceding breach, provided factual pleadings are not mutually destructive.
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18 November 2025 |
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The applicant successfully challenged a municipal tender awarded on vague negotiated price-reduction grounds; award and contract set aside.
Procurement law – municipal tender – exclusion for failure to produce SARS statement – lawful where municipality reasonably concerned about compliance and ability to perform. Procurement policy – audited financial statements – requirement applies only where bidder is "required by law" to be audited; affidavit evidence answering motion must be accepted. Tender award conditional on negotiation to reduce price – condition meaning actual price reduction or enhanced deliverables; failure to fulfil condition renders award irregular and open-ended. Remedy – review and set aside award and service agreement from inception; allow fresh tender and interim emergency fair, transparent contracting. Costs – successful challenger awarded costs, including senior counsel; Scale C.
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17 November 2025 |
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A respondent’s subjective belief or acrimony do not justify refusal to participate in mandatory court‑annexed mediation.
Civil procedure – court‑annexed mediation – Uniform Rule 41A – Gauteng Mediation Directive and Protocol; grounds for refusing mediation; irregular Rule 41A notices under para 4.7; mediator’s facilitative role; court’s power to compel cooperation and delivery of amplified Rule 41A notice; costs order – each party to bear own costs.
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17 November 2025 |
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Interim maintenance ordered from accessible severance/pension funds; unemployment does not negate parental support obligation.
Family law – Maintenance pendente lite – Means include accessible capital (severance, pension) – Inroads into capital justified where income insufficient – Unemployment does not absolve support duty – Best interests of the child paramount.
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17 November 2025 |
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Summary judgment refused where respondents raised genuine disputes of fact about alleged misappropriation; punitive costs awarded to respondents.
Procedure — Summary judgment — Rule 32 — Competence of declaratory and broad damages claims in summary judgment; genuine disputes of fact requiring referral to trial; fiduciary duty/misappropriation allegations against liquidators and attorneys; costs — punitive/attorney-and-client costs.
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17 November 2025 |
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Summary judgment refused where genuine triable disputes existed on misappropriation, delict and inducement; punitive costs awarded.
Civil procedure — Summary judgment (Rule 32) — limits on competent relief — declaratory and damages claims not generally appropriate in summary process; triable disputes of fact on misappropriation, delict and inducement require oral evidence — summary judgment refused. Costs — punitive award on attorney-and-client scale including counsel costs (scale B).
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17 November 2025 |
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A Rule 23(1)(a) notice is not a pleading; applicants were barred for failing to deliver a proper plea or exception.
Civil procedure – Rule 23 exceptions – distinction between Rule 23(1)(a) notice and a formal exception; Rule 26 notice of bar – requirement to deliver a pleading (plea or exception) to avoid bar; condonation – lack of prospects fatal; Rule 18(10) on particulars of quantum; derivative action and mandament van spolie issues.
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17 November 2025 |
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Rescission and condonation refused where domicilium service effective and alleged insurance defence unsubstantiated.
Civil procedure – Rescission of default judgment – Common‑law requirements: reasonable explanation for default and bona fide defence with prospects of success; service at chosen domicilium effective irrespective of actual notice; insurance claim or alleged misrepresentation do not, without evidence, constitute a defence to cancellation for non‑payment; condonation requires adequate explanation and prospects of success.
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17 November 2025 |
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Applicant failed to prove a real right or particularised fraud to set aside a registered municipal land transfer.
Property law – Acquisition of ownership by registration – Documents evidencing municipal allocation (permit, building plans, call-in notice) do not automatically create a real right; at best they confer personal rights against the municipality. Fraud allegations – must be clear and particularised to impugn registered transfer. Deeds registry – bona fide registered title not displaced by unparticularised or inferential allegations. Judicial relief – courts will not compel municipality to accept property or force attendance at administrative inquiries absent legal authority.
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17 November 2025 |
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Exception dismissed: particulars disclose causes of action for enforcement of arbitration order and damages for alleged directors' asset diversion.
Civil procedure – Exception under Rule 23 – Test whether on every reasonable interpretation no cause of action is disclosed – Distinction between facta probanda and facta probantia – Arbitration award made court order – Directors’ alleged asset diversion and fiduciary/statutory breaches – Claim for damages and enforcement against related entity.
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17 November 2025 |
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Applicants’ exception dismissed: respondent’s particulars disclose causes of action despite absence of debatement.
Arbitration award and debatement – Exception – Whether particulars disclose cause of action – Facta probanda v facta probantia – Directors’ fiduciary duties and statutory liability (Companies Act ss 22(1), 76, 77, 218(2); s424 of 1973 Act) – Exception dismissed.
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17 November 2025 |
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Reliance on an unsigned merchant agreement defeats condictio sine causa and condictio indebiti claims; particulars excipiable.
Unjustified enrichment — condictio sine causa and condictio indebiti; signature requirement for contract commencement; entire-agreement and non-variation clauses bar tacit variation; excipiable pleadings where causa and impoverishment not properly pleaded; failure to comply with contractual domicilium/notice renders summons premature.
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17 November 2025 |
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Execution against a residential property authorised where Rule 46A compliance and proportionality concerns are not established by the debtor.
Civil procedure – Execution against immovable property – Rules 46 and 46A – valuation, reserve price and disclosure requirements. Constitutional law – s 26 – execution against primary residence – proportionality and hardship assessment. Res judicata / finality – merits of a final judgment may not be relitigated at execution stage. Professional discipline – SACAP findings do not nullify or discharge a civil judgment debt. Practice – postponement to obtain new counsel refused for lack of good cause.
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17 November 2025 |
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Commercial tenant’s non-payment did not prevent eviction where lease excluded set-off and was validly cancelled.
Lease – commercial tenancy – cancellation valid where notice of breach and cancellation given; express clause requiring rent payable in advance free of deduction/set-off precludes exceptio non adimpleti contractus; tenant’s allegations of defects/contamination do not suspend rent where lease excludes warranty of fitness; PIE Act inapplicable to commercial premises; eviction and attorney-and-client costs granted.
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17 November 2025 |
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A review alleging gross irregularity fails where the arbitrator’s unchallenged finding that the claimant failed to discharge the onus stands.
Arbitration — Review under s 33(1) Arbitration Act — narrow scope; court examines procedural fairness, excess of powers, not merits. Contract — clause 3.9.2 time bar — claimant bears onus to plead and prove timely submission. Pleadings and evidence — arbitrator may not decide on issues not in pleadings; failure to challenge a primary onus‑based finding insulates award from review. Rule in Browne v Dunn — right to have contradictory version put to witnesses; relevance where issue is central to outcome. Civil procedure — condonation for late affidavits granted where prejudice is minimal and finality important.
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17 November 2025 |
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Applicant proved prima facie commercial insolvency; provisional liquidation granted despite respondent's procedural and factual objections.
Companies Act – provisional winding-up – sections 344(f) and 345 – proof of commercial insolvency (inability to pay debts when due) sufficient for provisional relief. Civil procedure – affidavits – hearsay and personal knowledge – confirmatory affidavit may cure defects and corroborate founding affidavit. Company law – locus standi, deponent authority and attorney’s authority – distinct concepts; Rule 7 required to challenge attorney’s authority. Motion proceedings – disputes of fact and bona fide defence – internal director disputes do not necessarily defeat winding-up application on affidavit evidence.
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14 November 2025 |
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Whether clause requiring agreement on invoice values makes applicant's fee claim an unenforceable agreement to agree.
Contract law – agreement to agree; contractual interpretation – Endumeni principles and businesslike construction; exceptions – cause of action and suitability for exception; dispute-resolution and deadlock-breaking mechanisms; severance clause and enforceability; evidential role of context and post-contractual conduct.
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14 November 2025 |
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Ejectment based on cancellation of an expired lease fails where holdover created an implied periodic tenancy requiring notice.
Lease law — fixed-term lease expired by effluxion of time — holding over creates implied/tacit periodic lease — termination of indeterminate lease requires reasonable notice — reliance on cancellation of expired lease ineffective — motion proceedings and Plascon-Evans — eviction a drastic remedy requiring clear right to possession.
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14 November 2025 |
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Applicant granted provisional sentence for admitted principal; acceleration clause deemed a conventional penalty; respondents’ duress defence unsuccessful.
Provisional sentence – liquid document – acknowledgment of debt liquid for admitted capital but not for interest if interest base not ascertainable; Conventional Penalties Act – acceleration clause calling up future unrendered performance may constitute conventional penalty; Economic duress – assertion of denial of access to services requires primary facts to establish probable success; Suretyship – co-principal debtor bound by written acknowledgement.
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14 November 2025 |
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A late notice of exception filed after the amended Rule 23(1) time limits and after a Notice of Bar is an irregular step.
Civil procedure — Uniform Rule 23(1) (amended 2019) — peremptory two-stage process for exceptions — notice within 10 days and exception within further 10/15 days — late exception after Notice of Bar is irregular — condonation/ upliftment of bar required.
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14 November 2025 |
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Applicant granted PIE eviction despite respondents’ bona fide family-title challenge requiring trial to determine ownership.
Property law – PIE eviction – bona fide purchaser with registered title – respondents assert historic family ownership and alleged fraud – genuine dispute of title requiring oral evidence/action proceedings – eviction granted but ownership unresolved.
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14 November 2025 |
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Leave to appeal granted as another court may reasonably reach different conclusions on security perfection and contract interpretation.
Application for leave to appeal — s 17(1)(a)(i) Superior Courts Act — higher threshold for leave post-Act; perfection of security under Special Notarial Bond; locus standi/authority to sue; refusal of postponement; joinder of third party; contractual interpretation and nexus between loan repayment and payments by third party.
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14 November 2025 |
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Rescission refused for failure to prove improper service, explain default, or establish a bona fide defence.
Civil procedure – Rescission of default judgment – Uniform Rule 31(2)(b): reasonable explanation, bona fide application, bona fide defence with prospects; Rule 42(1)(a): error must appear from record; Common law rescission – sufficient cause; Service – domicilium and rule 4(1)(a)(iv) affixing; National Credit Act s129/s130 compliance; Condonation for delay.
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13 November 2025 |
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Applicant’s Rule 11 consolidation granted due to substantial overlap and no demonstrated substantial prejudice; costs awarded to applicant.
Rule 11 – Consolidation of actions; substantial overlap of law and fact required; allocation of payments across interrelated contracts; identical/mirror counterclaims; balance of convenience; absence of substantial prejudice; costs awarded to successful consolidation applicant.
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13 November 2025 |
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Consolidation ordered under Rule 11 where two actions share substantial overlap and no substantial prejudice proven.
Civil procedure — Rule 11 consolidation — discretion exercised where actions share substantial overlap of law and fact; balance of convenience favours consolidation. Risk of conflicting judgments and multiplicity of proceedings justify consolidation. Onus on applicant to show convenience and absence of substantial prejudice to respondent. Identical counterclaims and common contractual matrix support consolidation. Costs — unsuccessful opponent ordered to pay costs including counsel on scale C.
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13 November 2025 |
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The respondent ordered to pay R7,000 monthly and R25,000 medical contribution; unsupervised contact allowed, matter referred to Family Advocate.
Family law – Rule 43 interim relief – child maintenance requires assessment of reasonable needs and payor’s ability to pay. Family law – interim contribution to birth-related medical costs – ordered in an amount respondent can reasonably afford. Care and contact – governed by child’s best interests; unsupervised contact may be ordered absent cogent reason to deny. Referral to Family Advocate for report to inform longer-term residence and contact arrangements.
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13 November 2025 |
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A preservation order was granted after respondents' admissions established a clear right and a late contradictory affidavit was refused.
Civil procedure – Uniform Rule 6(5)(e): leave to file further affidavits is discretionary; material, tactical contradictions in subsequent affidavits may be refused. Interim relief – final interdict: requirements of clear right, injury/apprehension, and absence of alternative remedy; Plascon-Evans approach applies in disputes of fact. Preservation orders/freezing injunctions: justified where there is real risk of dissipation and ordinary damages would be inadequate. Abuse of process/late reversal: opportunistic retractions of earlier admissions undermine credibility and may attract adverse costs.
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13 November 2025 |
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Applicant failed to reinstate the credit agreement under s129 NCA; sale in execution upheld and application dismissed with costs.
National Credit Act s129(3) — reinstatement of credit agreement — consumer must pay all overdue amounts, prescribed default charges and enforcement costs; sale in execution — validity where reinstatement not proved; payment arrangements/forbearance do not necessarily compromise or alter underlying credit agreement; relevance of Nkata v FirstRand Bank.
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12 November 2025 |
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Appellate court affirms bail refusal: magistrate erred in s60(9) balancing but facts showed substantial flight risk, appeal dismissed.
Bail — Schedule 5 offences — section 60(4)(b) CPA risk of evasion — factors under s 60(6) including strength of State's case — mandatory s 60(9) balancing of societal interests against accused’s right to liberty — bail conditions as factors (not automatic alternatives) — considerations for foreign nationals — counsel ethics in offering personal accommodation.
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12 November 2025 |