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South Africa decisions
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Woa Fuels and Oils v Africa Rising Petrochem (Pty) Ltd (2022/7368) [2025] ZAGPJHC 768 (7 August 2025)
Summary judgment was dismissed because the defendant raised bona fide triable defences about a prior Puma supply agreement, authority, fraud, and unverified damages.
WH Civil Engineering (Pty) Ltd and Another v Vander Diamonds (Pty) Ltd and Others (3575/2020) [2025] ZAMPMHC 34 (4 July 2025)
The High Court dismissed condonation for a late leave-to-appeal application, finding that the deponent lacked authority and the papers did not show prospects of success.
Kurt Robert Knoop and Others v Tegeta Exploration and Resources (Pty) Ltd and Others (312/2024) [2025] ZASCA 96 (30 June 2025)
The Supreme Court of Appeal held that, under the Companies Act, once a company is placed under business rescue, the business rescue practitioners assume full management control, superseding the board of directors. Directors are thus deprived of the authority to independently appoint attorneys or initiate litigation on behalf of the company without the practitioners' approval. The mere production of a power of attorney by a director does not satisfy Rule 7 of the Uniform Rules of Court unless the director is authorized to issue it. The High Court erred in finding that the attorneys were author…
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SACTWU Investments Group (Pty) Ltd v Sekunjalo Independent Media (Pty) Ltd and Another (6290/19) [2024] ZAWCHC 110 (24 April 2024)
The court found that SIG's representative, Mr Kriel, had actual authority under the November 2017 board resolution to sign the subordination agreement, which was necessary for the anticipated Sagarmatha listing. The agreement was a standard auditor's subordination agreement, and its terms were clear and indefinite, subordinating SIG's loan claim until SIM became solvent. The court held that SIG could not avoid the agreement on grounds of mistake or misrepresentation, as Mr Kriel read the document before signing and relied on his own understanding and advice. The caveat subscriptor rule applie…
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Vic La Vic Group (Pty) Ltd and Another v Phele Mining Consulting and Projects (24445/2022) [2024] ZAGPPHC 155 (16 February 2024)
The High Court dismissed a winding-up application, finding no proof that the deceased sole director had authority to bind the company to the alleged loans.
K2021765242 (South Africa) (Pty) Ltd v Thibault Investments (Pty) Ltd and Others (3518/2023) [2023] ZAWCHC 94 (25 April 2023)
The court found that the applicant's email of 6 February 2023, objectively interpreted, constituted a clear and unequivocal repudiation of the sale agreement. The applicant's subjective intention was irrelevant; the test is what a reasonable person in the position of the innocent party would have understood. The subsequent conduct and correspondence reinforced the intention not to proceed with the agreement. Thibault was entitled to accept the repudiation without putting the applicant to terms, as the breach clause did not apply to anticipatory breach by repudiation. The court further held th…
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PG Group (Pty) Ltd v Amoretti (7151/2021) [2023] ZAGPJHC 6 (9 January 2023)
An opposed summary judgment application was dismissed after the court found the respondent had raised a bona fide defence based on the accessory nature of suretyship.
Joubert Scholtz Inc and Others v Elandsfontein Beverage Marketing (Pty) Ltd (307/11, 765/11) [2012] ZASCA 6; [2012] 3 All SA 24 (SCA) (9 March 2012)
The SCA held that the plaintiff failed to prove a limited mandate for attorneys to use trust funds only for FNB and Standard debts, and dismissed the enrichment claims.
Nicolosi v Vulindlela Logistics (Pty) Ltd, Laister v Vulindlela Logistics (Pty) Ltd (4112/2010, 4114/2010) [2011] ZAKZDHC 19 (3 February 2011)
The court granted provisional sentence after finding the plaintiffs remained authorised to sign acknowledgements of debt despite the defendant’s dismissal and conflict claims.
Philani-Ma-Afrika and Others v Mailula and Others (674/08) [2009] ZASCA 115; 2010 (2) SA 573 (SCA) ; [2010] 1 All SA 459 (SCA) (25 September 2009)
The Supreme Court of Appeal set aside an unauthorised sale and transfer of Angus Mansions, restored ownership to Philani-Ma-Afrika, and dismissed the eviction case.
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