South Africa Case Law

Engen Petroleum (Pty) Ltd v Link Oil and Lubricants (Pty) Ltd (2024/134408)

Engen Petroleum (Pty) Ltd v Link Oil and Lubricants (Pty) Ltd (2024/134408) [2025] ZAGPJHC 749 (30 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/134408

Judge

H A van der Merwe

The respondent's own communications admitted indebtedness to the applicant and inability to pay. No answering affidavit was filed to dispute these facts. The respondent has vacated its principal place of business and has no employees at its registered address. The court found that the respondent is commercially insolvent and that the applicant, as an unpaid creditor, is entitled to a final winding-up order. The discretion to refuse such an order is very narrow and no special circumstances were shown to justify refusal.

Source excerpt

• Company Liquidation
• Commercial Insolvency
• Acknowledgement Of Debt

Pillay v Lopdale Energy (Pty) Ltd (2024/127178)

Pillay v Lopdale Energy (Pty) Ltd (2024/127178) [2025] ZAGPJHC 681 (15 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/127178

Judge

Johann Gautschi

The High Court granted final liquidation of Lopdale Energy (Pty) Ltd after finding it unable to pay its debts and rejecting its defences as not bona fide.

• Winding Up Of Company
• Acknowledgement Of Debt
• Insolvency
• Genuine And Bona Fide Defence
• Service Of Process
• Winding-up-of-company

Timac Agro South Africa (Pty) Ltd v Greyling (2054/2024)

Timac Agro South Africa (Pty) Ltd v Greyling (2054/2024) [2025] ZANWHC 105 (24 June 2025)

Court

North West High Court, Mafikeng

Case number

2054/2024

Judge

T Masike

High Court judgment on a debt claim for fertilizer supplied, rejecting a bare-denial defence and awarding the amended amount, interest, and attorney-client costs.

• Goods Sold And Delivered
• Acknowledgement Of Debt
• Contractual Liability
• Interest On Debt
• Attorney And Client Costs
• Goods-sold-and-delivered

Labat Africa Ltd and Others v Ngubane Zeelie Inc (A2024/065297)

Labat Africa Ltd and Others v Ngubane Zeelie Inc (A2024/065297) [2025] ZAGPJHC 621 (23 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/065297

Judges

Reid, Cowen, Wilson

The High Court set aside a judgment on audit fees, holding that correspondence did not amount to an enforceable acknowledgement of debt for a definite sum.

• Acknowledgement Of Debt
• Contractual Liability
• Audit Fees Dispute
• Enforceability Of Admissions
• Acknowledgement-of-debt
• Contractual-liability

Turner Morris One (Pty) Ltd v Steyn (2024/018423)

Turner Morris One (Pty) Ltd v Steyn (2024/018423) [2025] ZAGPJHC 455 (12 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/018423

Judge

Sawma AJ

The High Court dismissed a sequestration application after finding a bona fide and reasonable dispute about the alleged debt, with each party ordered to bear its own costs.

• Sequestration
• Acknowledgement Of Debt
• Bona Fide Dispute
• Oral Loan Agreement
• Practice Directive Costs
• Bona-fide-dispute

Voltex (Pty) Ltd v Bidvest South Africa Retirement Fund and Others (038191/2025)

Voltex (Pty) Ltd v Bidvest South Africa Retirement Fund and Others (038191/2025) [2025] ZAGPPHC 368 (29 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

038191/2025

Judge

Strijdom

The court found that section 37D(1)(b)(ii)(bb) of the Pension Funds Act provides a statutory basis for the applicant to seek interim relief to preserve pension benefits pending the outcome of civil proceedings for recovery of losses caused by theft and fraud. The applicant demonstrated a prima facie right to such relief, as the pension benefits are the only identified assets from which recovery may be made. The respondents' financial hardship, while significant, does not outweigh the applicant's risk of irreparable harm and the potential frustration of its statutory remedy. The internal guide…

Source excerpt

• Interim Interdict
• Pension Fund Withholding
• Section 37d Pension Funds Act
• Acknowledgement Of Debt
• Urgent Application

Gencode Software Consulting CC v PB Mthembi Medical Laboratory (Pty) Ltd and Another (2023/056319)

Gencode Software Consulting CC v PB Mthembi Medical Laboratory (Pty) Ltd and Another (2023/056319) [2025] ZAGPJHC 273 (13 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/056319

Judge

De Oliveira

The High Court refused summary judgment because the plaintiff relied on a different acknowledgement of debt than the one pleaded, and the defendants raised triable issues.

• Summary Judgment
• Acknowledgement Of Debt
• Suretyship
• Non Variation Clause
• Quantum Of Indebtedness
• Summary-judgment

Ingerop South Africa (Pty) Ltd v Bloem Water and Another (4343/2021)

Ingerop South Africa (Pty) Ltd v Bloem Water and Another (4343/2021) [2025] ZAFSHC 80 (12 March 2025)

Court

Free State High Court, Bloemfontein

Case number

4343/2021

Judge

Van Zyl

The High Court stayed a debt claim pending final determination of a related review, holding that lis pendens applied because the same dispute remained unresolved.

• Lis Pendens
• Jurisdiction Transfer
• Review Of Administrative Action
• Acknowledgement Of Debt
• Lis-pendens
• Jurisdiction-transfer

Van Der Weele and Another v Da Costa (2023/123982)

Van Der Weele and Another v Da Costa (2023/123982) [2025] ZAGPJHC 198 (27 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/123982

Judge

PJ Du Plessis

The High Court referred an opposed motion to trial after finding serious factual disputes about a failed business venture, an acknowledgment of debt, and alleged duress.

• Unjustified Enrichment
• National Credit Act
• Duress
• Referral To Trial
• Acknowledgement Of Debt
• Referral-to-trial

Engen Petroleum Limited v Slick Oil CC t/a Chelsea Village Convenience Centre (20350/2023)

Engen Petroleum Limited v Slick Oil CC t/a Chelsea Village Convenience Centre (20350/2023) [2025] ZAWCHC 64 (24 February 2025)

Court

Western Cape High Court, Cape Town

Case number

20350/2023

Judge

M J Bishop

The court found that Slick Oil CC had made a valid request to the Controller of Petroleum Products to refer the dispute to arbitration under section 12B(1) of the Petroleum Products Act. The statutory scheme provides a low threshold for referral, requiring only an allegation of unfair or unreasonable contractual practice. The court determined that there were no compelling reasons to refuse a stay of proceedings, despite the respondent's delay in making the referral request. The merits of the dispute, including the validity of the acknowledgement of debt and allegations of duress or misreprese…

Source excerpt

• Acknowledgement Of Debt
• Stay Of Proceedings
• Arbitration Under Petroleum Products Act
• Unfair Contractual Practice