South Africa Case Law

Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125)

Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125) [2025] ZAGPPHC 781 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-033125

Judge

J Vorster

The court found that the respondent's indebtedness to the applicant was disputed on bona fide and reasonable grounds. The respondent provided sufficient factual allegations that, if proved at trial, would constitute a good defence to the applicant's claim. The applicant impermissibly attempted to broaden its claim in reply, which was not the case the respondent was called to meet. The Badenhorst rule applies, and winding-up proceedings are not appropriate for enforcing a debt that is genuinely disputed. There was no evidence of lack of bona fides on the respondent's part. The application for…

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• Close Corporations Act Liquidation
• Bona Fide Dispute Of Indebtedness
• Badenhorst Rule
• Costs Award
• Contractual Dispute

Lafrica Mining (Pty) Ltd and Another v Sightful Coal (1750/2022)

Lafrica Mining (Pty) Ltd and Another v Sightful Coal (1750/2022) [2025] ZAMPMHC 26 (15 May 2025)

Court

Middelburg High Court, Mpumalanga

Case number

1750/2022

Judge

KF Phahlamohlaka

The court found that the applicants failed to establish that the respondent is indebted to them. The evidence showed that the agreement and payments were made between the respondent and Inzuzu Trading and Investment Coal, not the applicants. The respondent's opposition was supported by bona fide and reasonable grounds, and the existence of the alleged debt was genuinely disputed. The admissions made by Mokholo, a former director, were properly withdrawn, and the facts presented by the respondent were accepted. The court applied the Plascon-Evans rule and concluded that it would not be just an…

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• Winding Up Of Company
• Just And Equitable Ground
• Bona Fide Dispute Of Indebtedness
• Joint Venture Agreement
• Authority To Represent
• Costs Order

ARK Construction (PTY) Ltd v Veatel (PTY) Ltd (10869/2020)

ARK Construction (PTY) Ltd v Veatel (PTY) Ltd (10869/2020) [2022] ZAGPJHC 441 (3 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

10869/2020

Judge

Crutchfield

The High Court dismissed an application to wind up Veatel (Pty) Ltd, finding that its debt dispute with Ark Construction was bona fide and reasonable.

• Company Winding Up
• Bona Fide Dispute Of Indebtedness
• Creditor Preference
• Costs Award
• Companies Act 1973
• Company-winding-up

Tissue World CC and Another v Kyriacou (32547/2017)

Tissue World CC and Another v Kyriacou (32547/2017) [2019] ZAGPPHC 145 (6 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

32547/2017

Judge

Collis

The court found that the applicants failed to appeal the rescission of the provisional sequestration order as required by section 150 of the Insolvency Act, rendering their re-enrolment of the application procedurally improper. Additionally, the matter was held to be res judicata, as the same cause of action and relief were previously adjudicated and are currently the subject of pending action proceedings between the parties. The respondent demonstrated that his alleged indebtedness is disputed on bona fide and reasonable grounds, both in the pending action and in his answering affidavit. The…

Source excerpt

• Provisional Sequestration
• Res Judicata
• Points In Limine
• Bona Fide Dispute Of Indebtedness
• Costs Punitive Scale

Brits Vleis (Pty) Ltd v Aspigon 175 CC (32669/14)

Brits Vleis (Pty) Ltd v Aspigon 175 CC (32669/14) [2017] ZAGPPHC 32 (3 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

32669/14

Judge

P M Mabuse

Liquidation application dismissed after the court found a bona fide dispute over indebtedness and evidence that the respondent could pay its debts.

• Close Corporation Liquidation
• Creditor Standing
• Section 69 Notice
• Bona Fide Dispute Of Indebtedness
• Close-corporation-liquidation
• Creditor-standing