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South Africa decisions
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Super Steel LDA v Machava Trading CC (2023/008088) [2024] ZAGPJHC 137 (19 February 2024)
The High Court granted provisional sentence, finding on the papers that the signatory had actual authority to acknowledge Machava Trading CC’s debt.
SB Guarantee Company (RF) Proprietary Ltd v Baroville Trade & Investments (Pty) Ltd and Another (2021/52787) [2023] ZAGPJHC 1049 (19 September 2023)
The court found that the indemnity and mortgage bond imposed independent primary obligations on the first defendant, and their validity and enforceability were not dependent on the enforceability of the home loan agreement. The guarantee issued by the applicant was accepted by the Bank and operated as a separate, self-contained instrument. The defendants failed to establish a bona fide defence to the claims, as their arguments regarding lack of authority and invalidity were untenable. The notices of demand were properly sent and received, and the defendants did not challenge this in their aff…
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Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pt) Ltd and Others [2023] ZAGPPHC 394; 61961/2022 (25 May 2023)
The High Court held that a share transfer agreement was void for lack of authority under the CPA constitution, and confirmed the applicant’s 70% shareholding.
Waste Partner Investments (Pty) Ltd and Another v FAW Vehicle Manufacturers SA (Pty) Ltd (36802/2019) [2021] ZAGPJHC 600 (29 October 2021)
The applicants were fully aware of the settlement agreement and its conversion into a court order, yet failed to oppose the application and delayed seeking rescission for over eight months without credible explanation. Their conduct demonstrates wilful default and lack of bona fides. The grounds advanced for rescission, including alleged lack of authority and invalidity of the underlying debt, are unsubstantiated and do not meet the stringent requirements for rescission under Rule 42(1)(a) or common law. The application is an abuse of process intended to frustrate enforcement of clear underta…
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Modimolle-Mookgophong Local Municipality v CMXI (Pty) Ltd and Another (70315/2018) [2020] ZAGPPHC 758 (26 November 2020)
The High Court refused condonation and dismissed a challenge to an arbitration award, finding the late amendment prejudicial and the applicant’s delay unjustified.
Baphuting Bo Seleka Community v Borakologadi Communal Property Association and Others (LCC108/2016) [2017] ZALCC 7 (21 June 2017)
The Court found that the applicant's 2015 restitution claim falls squarely within the ambit of the LAMOSA judgment, which interdicted the processing of new claims lodged after 1 July 2014 until legislative amendments are enacted. Consequently, the Court lacks jurisdiction to entertain the applicant's claim. Furthermore, the applicant's challenge to the 2002 mediation settlement agreement was brought after an inordinate delay of 14 years, with no condonation or explanation provided, which is prejudicial to the respondents and contrary to the interests of justice. On the merits, the Court found…
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Mr Property Developers (Pty) Ltd v North-West Housing Corporation (2465/2010) [2011] ZANWHC 73 (8 December 2011)
The High Court dismissed an application to rectify cancellation agreements and claim payment, finding the applicant failed to prove valid substitution as purchaser.
Mo Fo Property Investments CC v Casa Di Paglia CC and Others (32641/07) [2010] ZAGPPHC 622 (16 June 2010)
The court rectified a sale agreement, rejected objections about the seller’s name and authority, and held that the loan-approval suspensive condition was satisfied.
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