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South Africa decisions
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Nedbank Limited v EMD Holdings (Pty) Ltd and Another (2021/26364) [2025] ZAGPJHC 589 (12 June 2025)
The High Court granted Nedbank default judgment, holding it had taken reasonable steps to mitigate damages before claiming the outstanding balance under a cancelled instalment sale agreement.
SB Guarantee Company (RF) (Pty) Ltd v Manzini (2023/034419) [2025] ZAGPPHC 599 (5 June 2025)
The High Court granted judgment on a securitized home-loan claim, declared the property specially executable, and set a reserve price for sale in execution.
Nedbank Limited v Varoyi (9102/2024) [2025] ZAWCHC 241 (3 June 2025)
High Court summary judgment was granted on a credit agreement debt after the defendant failed to raise a bona fide defence to the claimed balance.
Standard Bank of South Africa Limited v Brazen Freight SA (Pty) Ltd and Others (2024/101129) [2025] ZAGPJHC 532 (30 May 2025)
The court found that the applicant had established its claim against the first and second respondents, who did not oppose the application, and granted judgment against them for the amounts claimed. Regarding the third respondent, the court held that, in the absence of a Shifren clause requiring written termination, oral termination of the suretyship agreement is possible in law. However, the third respondent's evidence regarding oral termination required testing through cross-examination, as there was a bona fide dispute of fact unsuitable for resolution on affidavit. The court therefore refe…
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Standard Bank of South Africa Limited v Khoza (2023/100165) [2025] ZAGPPHC 569 (23 May 2025)
The High Court confirmed cancellation of a credit card agreement, upheld delivery of section 129 notices, and ordered payment of the outstanding balance and costs.
Nedbank Limited v Baba (6535/2024) [2025] ZAWCHC 176 (25 April 2025)
The High Court granted Nedbank judgment against a surety for R15 million, finding no bona fide defence and rejecting postponement pending related litigation.
Standard Bank of South Africa Limited v De Waal (1398/2023) [2025] ZANCHC 31; [2025] 3 All SA 276 (NCK) (4 April 2025)
The court found that the applicant's deponent, Mr Sharpley, had sufficient personal knowledge and control over the relevant records to swear positively to the facts, as required by Rule 32(2) and the SCA's guidance in Rees v Investec Bank. The incorporation by reference of the particulars of claim into the affidavit was permissible and sufficient under the amended Rule 32(2), as confirmed by Firstrand Bank Limited v Badenhorst N.O. and Others. The relief sought for retention of monies paid and leave to approach the court for damages after the sale of goods was competent, following the SCA's a…
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Aircraft Asset Finance Corporation (Pty) Limited v Deymine (Pty) Limited and Others (114305/2023) [2025] ZAGPJHC 336 (27 March 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and awarding costs on scale B.
Firstrand Bank Limited v Van Rooyen and Another (4636/2019) [2025] ZAMPMHC 15 (25 March 2025)
The High Court granted summary judgment to FirstRand Bank for the mortgage debt, rejected the legal-costs defence, and declared the property specially executable.
Nedbank Limited v Delta Flex (Pty) Ltd and Another (2023/045944) [2025] ZAGPJHC 334 (24 March 2025)
High Court summary judgment for Nedbank on a COVID-19 SME loan facility, with the defendants' objections and proposed non-professional representation rejected.
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