South Africa Case Law

Van Heerden and Another v MT Earthmoving CC and Others (2140/2020)

Van Heerden and Another v MT Earthmoving CC and Others (2140/2020) [2023] ZANWHC 99 (30 June 2023)

Court

North West High Court, Mafikeng

Case number

2140/2020

Judge

J T Djaje

The court found that the defendants made payments as directed by the first plaintiff into various accounts, including those of third parties, which the first plaintiff nominated. The evidence showed that the plaintiffs accepted these payments and that the transfer of the truck and trailer, as well as the payment for transportation of the loader, were accepted as settlement of the loan. The joint venture agreements provided for payment from profits, but no profits were realised, and thus no further payments were due under those agreements. The defendants discharged their obligations under the…

Source excerpt

• Loan Agreement
• Suretyship
• Appropriation Of Payments
• Adjectus Solutionis Gratia
• Contractual Interpretation

Business Partners Limited v Fair Deal Select CC (4426/2021P)

Business Partners Limited v Fair Deal Select CC (4426/2021P) [2022] ZAKZPHC 56 (4 October 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4426/2021P

Judge

Koen

The court granted a provisional winding-up order against Fair Deal Select CC after finding the debt was not bona fide disputed on reasonable grounds.

• Close Corporations Act
• Provisional Liquidation
• Appropriation Of Payments
• Creditor Rights
• Provisional-liquidation
• Appropriation-of-payments

Albaraka Bank Limited v Cecita CC (8771/2020)

Albaraka Bank Limited v Cecita CC (8771/2020) [2022] ZAKZDHC 25 (15 June 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

8771/2020

Judge

Masipa

High Court dismissed a bank’s winding-up application against a close corporation, finding the debt was bona fide disputed and the application an abuse of process.

• Winding Up Of Close Corporations
• Disputed Debt
• Abuse Of Process
• Appropriation Of Payments
• Winding-up-of-close-corporations
• Disputed-debt

Balwin Rental (Pty) Limited v Mathaba and Another (2020/34151)

Balwin Rental (Pty) Limited v Mathaba and Another (2020/34151) [2021] ZAGPJHC 394 (30 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/34151

Judge

Gilbert AJ

The court held that a lease was validly cancelled after a tenant failed to remedy arrears under the CPA, and granted eviction subject to a Covid-related stay.

• Prevention Of Illegal Eviction Act
• Consumer Protection Act
• Lease Cancellation
• Notice To Remedy
• Appropriation Of Payments
• Just And Equitable Eviction

Mobile Telephone Networks (PTY) Limited v Olivier (43967/2017)

Mobile Telephone Networks (PTY) Limited v Olivier (43967/2017) [2021] ZAGPJHC 893 (12 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

43967/2017

Judge

Francis

The High Court referred a disputed monetary claim to trial under Rule 6(5)(g), granted condonation for a late replying affidavit, and ordered costs to be costs in the action.

• Referral To Trial
• Dispute Of Fact
• Appropriation Of Payments
• Credit Provider Registration
• National Credit Act Compliance
• Referral-to-trial

Omeda Trading CC v Goldendice Investments CC and Others (4147/2017)

Omeda Trading CC v Goldendice Investments CC and Others (4147/2017) [2020] ZAKZPHC 69 (13 November 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4147/2017

Judge

Bezuidenhout

The High Court refused provisional sentence on an acknowledgment of debt, finding the first defendant showed a probable defence and the sureties were not properly sued.

• Provisional Sentence
• Acknowledgment Of Debt
• Suretyship Formalities
• Appropriation Of Payments
• In Duplum Rule
• Provisional-sentence

Khoza and Another v Baksons (Pty) Ltd t/a Bakos Brothers and Others (19/39565)

Khoza and Another v Baksons (Pty) Ltd t/a Bakos Brothers and Others (19/39565) [2020] ZAGPJHC 220 (2 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

19/39565

Judge

FA Snyckers

High Court held the furniture and curtain orders were separate transactions and ordered delivery of the furniture on payment of the outstanding amount.

• Specific Performance
• Appropriation Of Payments
• Business Rescue
• Contractual Repudiation
• Declaratory Relief
• Specific-performance

Bergville Mall (Pty) Ltd v Biltworx (Pty) Ltd (12146/15, A36/17)

Bergville Mall (Pty) Ltd v Biltworx (Pty) Ltd (12146/15, A36/17) [2018] ZAGPPHC 850 (14 December 2018)

Court

North Gauteng High Court, Pretoria

Case number

12146/15, A36/17

Judges

M L Senyatsi, M Munzhelele, M J Teffo

The High Court held that a settlement agreement compromised prior debts, so the liquidators were not obliged to issue a VAT invoice for the claimed vatable supply.

• Vat Invoice Obligation
• Compromise And Novation
• Liquidation And Distribution Account
• Appropriation Of Payments
• Section 26 Value Added Tax Act
• Finality Of Master Confirmation

Absa Bank Limited v Van Eeden and Others (4078/2012)

Absa Bank Limited v Van Eeden and Others (4078/2012) [2018] ZAECPEHC 14 (27 March 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

4078/2012

Judge

Goosen

The court dismissed ABSA’s suretyship claims after finding material non-disclosure about a prior bond and, alternatively, that the principal debt had been discharged.

• Suretyship
• Non Disclosure
• Rectification Of Contract
• Appropriation Of Payments
• Liquidation Distribution
• Accessory Liability

Al-Waaris Investment CC v Kotu t/a Shimmy Kotu Ministries (18884/2017)

Al-Waaris Investment CC v Kotu t/a Shimmy Kotu Ministries (18884/2017) [2018] ZAGPJHC 99 (14 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

18884/2017

Judge

L T Modiba

High Court judgment on a lease dispute: the applicant obtained monetary judgment for arrears, while eviction relief was postponed to allow joinder of the occupier.

• Eviction
• Arrear Rental
• Non Joinder
• Prescription
• Appropriation Of Payments
• Lease-arrears