South Africa Case Law

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482)

Hlabang Trading Enterprise (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd and Others (2025/115482) [2025] ZAGPJHC 761 (3 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/115482

Judge

Snyckers

The High Court set aside an ex parte repossession order after finding Catfin relied on generic, unparticularised allegations and failed to justify dispensing with notice.

• Ex Parte Applications
• Material Non Disclosure
• Mandament Van Spolie
• Repossession Of Goods
• Urgent Interdict
• Attorney Client Costs

Lekalakala v Transnet SOC Limited and Others (19753/2019)

Lekalakala v Transnet SOC Limited and Others (19753/2019) [2025] ZAGPJHC 340 (3 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

19753/2019

Judge

Mahomed

The court found that the respondent's repeated institution of recission applications on substantially the same grounds, his failure to provide a valid address for execution of cost orders, and his evasive conduct amounted to vexatious litigation and an abuse of process. The applicants, as a public entity, are entitled to protection from such conduct, especially where public funds are at stake. The respondent's explanations for delay and change of address were unconvincing, and his attorneys' lack of cooperation further prejudiced the applicants. The court exercised its discretion to order sec…

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• Security For Costs
• Vexatious Litigation
• Uniform Rule 47
• Recission Application
• Attorney Client Costs

Clientelle Life Assurance Company Limited v B3 Insurance Brokers (Pty) Ltd (024527/25)

Clientelle Life Assurance Company Limited v B3 Insurance Brokers (Pty) Ltd (024527/25) [2025] ZAGPJHC 332 (20 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

024527/25

Judge

Manoim

The High Court struck off an urgent application and counter-application about an anti-churning clause, holding the dispute could be resolved in pending arbitration.

• Specific Performance
• Interim Interdict
• Contract Enforcement
• Anti Churning Clause
• Urgency
• Attorney Client Costs

Bushula v Mercedes-Benz Financial Services South Africa (Pty) Ltd (2024/101186)

Bushula v Mercedes-Benz Financial Services South Africa (Pty) Ltd (2024/101186) [2025] ZAGPJHC 228 (6 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/101186

Judge

Mahomed

The court found that the applicant failed to demonstrate sufficient urgency to justify the matter being heard on the urgent roll. The applicant's reliance on his vehicle for business and personal reasons did not constitute grounds for bypassing the normal court process, especially as he had previously brought the same application which was struck for lack of urgency. The applicant had remedies available in the ordinary course and was not entitled to urgent relief. The repeated filing of the same application amounted to an abuse of process. The court held that costs on an attorney-client scale…

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• Urgency In Motion Proceedings
• Attorney Client Costs
• Warrant Of Execution
• Abuse Of Process

Diederichs v Ravele (037327/23)

Diederichs v Ravele (037327/23) [2025] ZAGPPHC 122 (13 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

037327/23

Judge

Mahomed

Summary judgment proceedings over unpaid advocate’s fees ended in a settlement. The court ordered payment of the balance and attorney-client costs against the respondent.

• Summary Judgment
• Attorney Client Costs
• Settlement Agreement
• Liquidated Claim
• Summary-judgment
• Attorney-client-costs

Sercu and Others v Bota and Another (2023/053773)

Sercu and Others v Bota and Another (2023/053773) [2025] ZAGPJHC 65 (30 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/053773

Judge

S A B Mahomed

The High Court refused leave to appeal against a contempt order, finding no reasonable prospects of success and awarding attorney-client costs.

• Contempt Of Court
• Urgent Application
• Leave To Appeal
• Attorney Client Costs
• Contempt-of-court
• Leave-to-appeal

Latari House (Pty) Ltd and Others v Danca and Others (17211/2023)

Latari House (Pty) Ltd and Others v Danca and Others (17211/2023) [2024] ZAWCHC 382 (13 November 2024)

Court

Western Cape High Court, Cape Town

Case number

17211/2023

Judge

P. S. Van Zyl

Default judgment was granted for defamation arising from viral social-media allegations of racism at a Cape Town pub, with damages and attorney-client costs awarded.

• Defamation
• General Damages
• Special Damages
• Publication On Social Media
• Quantum Of Damages
• Attorney Client Costs

True Motives 44 (Pty) Ltd v City of Johannesburg Metropolitan Municipality (2022/22065, 22023/101121)

True Motives 44 (Pty) Ltd v City of Johannesburg Metropolitan Municipality (2022/22065, 22023/101121) [2024] ZAGPJHC 1037 (14 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/22065, 2023/101121

Judge

AMM

High Court costs ruling against the City of Johannesburg after a withdrawn exception and an urgent interdict dispute over municipal electricity disconnection.

• Municipal Service Disputes
• Interim Interdict
• Costs Award
• Attorney Client Costs
• Exception Procedure
• Attorney-client-costs

Smit v Road Accident Fund (17524/2021)

Smit v Road Accident Fund (17524/2021) [2024] ZAWCHC 276 (23 September 2024)

Court

Western Cape High Court, Cape Town

Case number

17524/2021

Judge

R K Parker

The court found that the respondent had admitted liability in its plea and settled the merits of the applicant's claim on a 100% basis, thus satisfying the requirements for interim payment under Rule 34A. The respondent's arguments regarding medical aid subrogation and reliance on internal directives were rejected as contrary to established legal precedent and unlawful. The court held that the WCC award, while relevant for set-off, was not finalised and did not preclude interim relief. The amounts claimed for past hospital and medical expenses and past loss of income were reasonable and suppo…

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• Interim Payment
• Road Accident Fund Act
• Medical Aid Subrogation
• Workmens Compensation Award
• Attorney Client Costs

Basotho Meat Enterprise v Falcodor 199 cc t/a Iceburg Trading N.O and 2 others (847/2024)

Basotho Meat Enterprise v Falcodor 199 cc t/a Iceburg Trading N.O and 2 others (847/2024) [2024] ZAFSHC 268 (27 August 2024)

Court

Free State High Court, Bloemfontein

Case number

847/2024

Judge

Gusha AJ

The court found that Mr. Khethisa, acting as a shareholder and relying on a power of attorney from another shareholder, lacked the necessary locus standi to institute proceedings on behalf of the applicant company. Both South African and Lesotho company law require that the business and affairs of a company be managed by its board of directors, and only the board may authorize legal proceedings. The prior court order did not confer personal authority on Mr. Khethisa, but merely permitted the applicant company to institute proceedings. The power of attorney was limited to representation at a s…

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• Locus Standi
• Company Directors Authority
• Declaratory Relief
• Attorney Client Costs