Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2024] ZAMPMHC 33

Mine Guniting CC v Reka Trade 1075 CC (3651/2022)

Mine Guniting CC v Reka Trade 1075 CC (3651/2022) [2024] ZAMPMHC 33 (30 May 2024)

Court
Middelburg High Court, Mpumalanga
Case number
3651/2022
Judge
MBG Langa

The court found that the Applicant had complied with the statutory requirements for winding up under Section 69(1)(a) of the Close Corporation Act. The Respondent did not dispute its indebtedness, only the calculation of the amount, and failed to tender payment or security for the undisputed portion. The Respondent's challenge to the authority of the Applicant's attorneys was dismissed for procedural non-compliance. The National Credit Act was held not to apply, as the agreement was between juristic persons and the Respondent's turnover exceeded the threshold. The Respondent's allegations of…

Source excerpt

  • Close Corporation Winding Up
  • Statutory Demand
  • Reciprocal Obligations
  • Applicability Of National Credit Act
Read case analysis
Commercial And Corporate [2019] ZAGPPHC 442

Cemblock (Pty) Ltd v Mmege Construction and Projects CC and Others (64838/18)

Cemblock (Pty) Ltd v Mmege Construction and Projects CC and Others (64838/18) [2019] ZAGPPHC 442 (20 August 2019)

Court
North Gauteng High Court, Pretoria
Case number
64838/18
Judge
NN Bam

The court found that the National Credit Act does not apply to the underlying credit agreement or the Acknowledgement of Indebtedness (AOD) because the first respondent is a juristic person with an annual turnover exceeding R2 million and the transaction value exceeds R250,000. The relationship with the second respondent is a credit guarantee, which is excluded from the NCA if the underlying transaction is excluded. The AOD does not constitute a new credit agreement but merely affirms the existing indebtedness under the initial agreement. The respondents failed to provide factual grounds for…

Source excerpt

  • Acknowledgement Of Debt
  • Suretyship
  • Applicability Of National Credit Act
  • Credit Provider Registration
  • Settlement Agreements
  • Liquid Document
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.