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South Africa decisions
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SB Guarantee Company (RF) Proprietary Limited v Vestgro Capital (Pty) Ltd and Another (45317/2021) [2024] ZAGPPHC 605 (25 June 2024)
The High Court granted summary judgment on a home-loan debt, rejected a postponement request, and declared the first defendant’s property specially executable.
Ngaka Modiri Molema District Municipality v Quantibuild (Proprietary) Limited (CIV APP FB12/2022; 3352/2019) [2024] ZANWHC 101 (12 April 2024)
The Full Court granted condonation, reinstated a lapsed appeal, and set aside summary judgment, holding that the Municipality raised a triable legality defence.
Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pty) Ltd and Others (Leave to Appeal) (61961/2022) [2024] ZAGPPHC 27 (22 January 2024)
Leave to appeal was refused where the court held the share transfer agreement was void for lack of authority and the lis pendens plea had no reasonable prospect of success.
Sunday's River Municipality v Profusion Protection Services (Pty) Ltd and Another - Application for Rescission (1049/2022) [2023] ZAECQBHC 58 (17 August 2023)
The High Court dismissed Sunday’s River Municipality’s rescission application, finding no proper explanation for its default and no substantiated defence.
Nohako v Nkosi (5257/2022) [2023] ZAECMHC 22 (21 April 2023)
High Court motion about alleged unlawful retention of a vehicle after a collision. The court applied Plascon-Evans and dismissed the application with costs.
NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (M320/2020) [2021] ZANWHC 62 (27 August 2021)
The court held that the parties concluded a valid, binding contract for the supply and delivery of two load haul dumpers, despite the respondent’s later refusal to sign.
Baker & McKenzie Amsterdam N.V. v Gencorp Investments (Pty) Ltd (88431/2016) [2021] ZAGPPHC 147 (12 March 2021)
The High Court held that GenCorp was bound by the legal services agreement and that Baker & McKenzie proved its fees were fair and reasonable.
Rudnat Projects CC v Nketoana Local Municipality and Others (2870/2013) [2019] ZAFSHC 63 (23 May 2019)
The court found that the third defendant's reliance on section 11(2) of the Municipal Systems Act did not constitute a substantive defence capable of disposing of the plaintiff's claim at the special plea stage. The objection regarding non-joinder of the Department of Water Affairs failed, as the department did not have a direct and substantial interest in the relief sought. The special plea based on the failure to give notice in terms of section 3 of Act 40 of 2002 was dismissed, as the plaintiff's claim was contractual and not for damages, thus falling outside the scope of the Act. The thir…
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Estate Agency Affairs Board v Pasco Risk Management (Pty) Limited (57926/2012) [2017] ZAGPJHC 259 (15 September 2017)
The High Court granted leave to amend a plea before trial, finding the amendment amplified the defence, caused no irremediable prejudice, and could be met by costs.
SS & Project & Finance Solutions v Gibb (Pty) Limited and Others (099822015) [2015] ZAGPJHC 255 (12 November 2015)
The High Court dismissed an urgent application over a disputed consultancy agreement, holding the factual disputes were foreseeable and unsuitable for motion proceedings.
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