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South Africa Case Law

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Banking And Finance [2020] ZAFSHC 258

Firstrand Bank Limited v Oosthuizen (1864/2020)

Firstrand Bank Limited v Oosthuizen (1864/2020) [2020] ZAFSHC 258 (12 November 2020)

The High Court granted Firstrand Bank’s application for provisional sequestration against a farmer, rejecting defences of reckless credit, promissory notes, and solvency.

  • Provisional Sequestration
  • Acts Of Insolvency
  • Reckless Credit
  • National Credit Act
  • Bills Of Exchange
  • Advantage To Creditors
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Civil Procedure [2018] ZAKZDHC 34

Bidvest Bank Limited v Jacobs Capital (Pty) Limited (11890/2015)

Bidvest Bank Limited v Jacobs Capital (Pty) Limited (11890/2015) [2018] ZAKZDHC 34 (29 June 2018)

The High Court allowed withdrawal of a provisional sentence summons and held that party-and-party costs, not attorney-and-client costs, applied.

  • Withdrawal Of Proceedings
  • Costs Award
  • Attorney And Client Scale
  • Party And Party Scale
  • Bills Of Exchange
  • Rule 41 Application
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Commercial And Corporate [2015] ZAGPJHC 284

Sindat Spol S.R.O v Euro Diamond Products CC (05957/2014)

Sindat Spol S.R.O v Euro Diamond Products CC (05957/2014) [2015] ZAGPJHC 284 (10 December 2015)

The High Court granted provisional sentence on four bills of exchange, rejecting the defendant’s procedural and substantive defences.

  • Bills Of Exchange
  • Distribution Agreement
  • Documents Against Payment
  • Provisional Sentence
  • Endorsement Requirements
  • Provisional-sentence
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Commercial And Corporate [2010] ZAWCHC 651

Deyzel v Fastpulse Trading 461 and Another (2043/09)

Deyzel v Fastpulse Trading 461 and Another (2043/09) [2010] ZAWCHC 651 (8 February 2010)

The High Court granted provisional sentence against a second defendant who had signed a cheque a second time as “surety”, finding liability under section 54A.

  • Bills Of Exchange
  • Suretyship
  • Aval Liability
  • Material Alteration
  • Provisional Sentence
  • Beneficium Excussionis
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Banking And Finance [1996] ZASCA 123

Sappi Manufacturing (Pty) Ltd. v Standard Bank of South Africa Ltd. (210/95)

Sappi Manufacturing (Pty) Ltd. v Standard Bank of South Africa Ltd. (210/95) [1996] ZASCA 123; 1997 (1) SA 457 (SCA); [1996] 4 All SA 487 (A); (1 October 1996)

The court held that signatures on the reverse of two bills constituted a valid endorsement by the appellant, and the Fund was a holder in due course.

  • Bills Of Exchange
  • Holder In Due Course
  • Endorsement Requirements
  • Negotiable Instruments
  • Holder-in-due-course
  • Bills-of-exchange
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Banking And Finance [1989] ZASCA 10

Odgers Foam Insulation Company (Pty) Ltd. v Standard Bank of South Africa Ltd. (525/87)

Odgers Foam Insulation Company (Pty) Ltd. v Standard Bank of South Africa Ltd. (525/87) [1989] ZASCA 10 (16 March 1989)

The court held that a bank guarantee over negotiable bills extended to subsequent lawful holders, not just the original payee, and dismissed the appeal.

  • Guarantee Liability
  • Bills Of Exchange
  • Aval
  • Negotiable Instruments
  • Banking-and-finance
  • Bills-of-exchange
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Civil Procedure [1989] ZASCA 5

Da Costa de Atouguia v Braz (592/1987)

Da Costa de Atouguia v Braz (592/1987) [1989] ZASCA 5; [1989] 2 All SA 262 (A) (9 March 1989)

The Appellate Division held that the appellant failed to prove the cheques were completed contrary to the parties’ agreement, so the appeal was dismissed.

  • Bills Of Exchange
  • Onus Of Proof
  • Completion Of Inchoate Instruments
  • Acknowledgment Of Debt
  • Bills-of-exchange
  • Onus-of-proof
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.