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High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

        1. Hon. Judge President RD Hendricks

        2. Hon. Deputy Judge President Djaje

        3. Hon. Judge Petersen

        4. Hon. Judge Reid

        5. Hon. Judge Mfenyana

        6. Hon. Judge Reddy

2 judgments
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2 judgments
Citation
Judgment date
October 2021
Absa Bank Limited v Pro Trading Engineering (Pty) Ltd and Others (1274/2020) [2021] ZANWHC 1 (25 October 2021)
Summary judgment dismissed due to defective verifying affidavit and triable defences including company authority and suretyship dispute.
Civil procedure – Summary judgment (Rule 32) – Verifying affidavit must comply with Regulations and be sworn by a competent, authorised deponent; corporate deponent authority; bona fide defences include lack of company resolution, Turquand rule, scope/timing of suretyship, asserted overdraft limit, and compliance with National Credit Act – triable issues defeat summary judgment.
 25 October 2021
April 2021
Mahikeng Local Municipality v Harrison (M209/2020) [2021] ZANWHC 2 (14 April 2021)
A municipality may interdict unlawful business activities contravening zoning, even after long inaction, with authority challenges requiring Rule 7(1) compliance.
Municipal law – Land use management – Town planning – Authority to litigate by municipality – Enforcement of zoning scheme under SPLUMA – Acquiescence – Illegality – Suspension of interdict – Mandamus for rezoning processes – Costs on attorney and client scale.
 14 April 2021