South Africa Case Law

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927)

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927) [2025] ZAGPJHC 573 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/11927

Judge

Maier-Frawley

The court found that the defendants failed to raise any genuine triable issue to resist summary judgment. Jurisdiction was established as the agreements were accepted in Johannesburg. The second defendant is liable under the guarantees, which were unlimited and contained certificate clauses and renunciation of benefits. The impossibility of performance defence was rejected as it was not absolute or objective and contradicted by the timeline of deregistration and lockdown. The National Credit Act does not apply because ownership did not pass to the lessee and no interest or deferred payment wa…

Source excerpt

• Summary Judgment
• Guarantee Liability
• Certificate Of Indebtedness
• Jurisdiction
• National Credit Act
• Impossibility Of Performance

Lona Citrus (Pty) Ltd v Vutsela Iglobju Investments (Pty) Ltd (2045/24)

Lona Citrus (Pty) Ltd v Vutsela Iglobju Investments (Pty) Ltd (2045/24) [2025] ZAMPMBHC 36 (13 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2045/24

Judge

Montsho-Moloisane

The court found that the Marketing Agreement was terminated by the Deed of Cession, rendering the respondent's point in limine regarding notice of breach irrelevant. The Deed of Cession, signed by both parties, irrevocably ceded the respondent's rights to proceeds from Karino and any future exporter to the applicant, with the respondent remaining liable for any outstanding balance if the debt could not be recovered from those parties. The certificate of account issued by the applicant's director constituted prima facie proof of the respondent's indebtedness, and the respondent failed to provi…

Source excerpt

• Contract Enforcement
• Deed Of Cession
• Certificate Of Indebtedness
• Motion Proceedings
• Prima Facie Evidence

Trencon Construction (Pty) Ltd v Blue Cloud Investments 227 (Pty) Ltd and Others (2255/2024)

Trencon Construction (Pty) Ltd v Blue Cloud Investments 227 (Pty) Ltd and Others (2255/2024) [2025] ZAMPMBHC 27 (14 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2255/2024

Judge

Montsho-Moloisane

The High Court granted judgment on a loan, guarantee, and suretyship claim, finding the debt proved and rejecting the respondents’ bare denials and privilege argument.

• Loan Agreement Enforcement
• Guarantee And Suretyship
• Certificate Of Indebtedness
• Costs Award
• Motion Proceedings
• Privilege And Settlement Negotiations

DCYSIVE Finance (Pty) Ltd v LED Capital Investments (Pty) Ltd and Others (31354/2022)

DCYSIVE Finance (Pty) Ltd v LED Capital Investments (Pty) Ltd and Others (31354/2022) [2024] ZAGPPHC 267 (25 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

31354/2022

Judge

Nyathi

High Court money claim on a loan and suretyship. The court found no material factual disputes, applied the in duplum rule, and granted relief against the first and third respondents only.

• Loan Agreement
• Suretyship
• In Duplum Rule
• Certificate Of Indebtedness
• Jurisdiction
• Hearsay Evidence

Bridgement (Pty) Ltd v VHA Accounting Solutions and Another (16473/2022)

Bridgement (Pty) Ltd v VHA Accounting Solutions and Another (16473/2022) [2023] ZAKZPHC 111 (17 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16473/2022

Judge

P C Bezuidenhout

High Court summary judgment in a loan repayment dispute, where the defendants’ plea and affidavit were found vague, contradictory, and not bona fide.

• Summary Judgment
• Loan Agreements
• Suretyship
• Certificate Of Indebtedness
• Summary-judgment
• Loan-agreements

Fedbond Nominees (Pty) Limited v Crypton Properties CC and Another (69130/2019)

Fedbond Nominees (Pty) Limited v Crypton Properties CC and Another (69130/2019) [2023] ZAGPPHC 677 (7 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

69130/2019

Judge

Sardiwalla

Summary judgment was granted on two loan-related claims after the respondents failed to show a bona fide defence or any triable issue.

• Summary Judgment
• Loan Agreement
• Suretyship
• Participation Bond
• Certificate Of Indebtedness
• Summary-judgment

ARB Electrical Wholesalers (Pty) Ltd v De Jager Electrical Maintenance CC and Another (2022/20849)

ARB Electrical Wholesalers (Pty) Ltd v De Jager Electrical Maintenance CC and Another (2022/20849) [2023] ZAGPJHC 701 (14 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/20849

Judge

P Coppin

Summary judgment was granted against a surety for a company debt, with the court holding that business rescue did not protect the surety and technical Rule 32 defects were condoned.

• Suretyship
• Liquidated Claim
• Business Rescue Moratorium
• Certificate Of Indebtedness
• Summary Judgment Rule 32
• Summary-judgment

Turf Urban Finance (RF) Ltd v House of Tandoor and Others (42518/2020)

Turf Urban Finance (RF) Ltd v House of Tandoor and Others (42518/2020) [2023] ZAGPJHC 608 (1 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

42518/2020

Judge

Thupaatlase

The High Court dismissed an application for leave to appeal in a debt enforcement matter, finding no genuine dispute of fact and no reasonable prospects of success.

• Leave To Appeal
• Certificate Of Indebtedness
• Summary Judgment
• Suretyship
• Dispute Of Fact
• Leave-to-appeal

Litha v Investec Bank Limited (11116/2021)

Litha v Investec Bank Limited (11116/2021) [2023] ZAGPJHC 653 (26 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

11116/2021

Judge

R Strydom

The High Court dismissed an application for leave to appeal against a money judgment, execution order, and reserve price set under Rule 46A.

• Leave To Appeal
• Certificate Of Indebtedness
• Rule 46a
• Reserve Price Determination
• Execution Of Judgment
• Leave-to-appeal

TUHF Limited v 266 Bree Street Johannesburg (Pty) Ltd and Others (11987/2020)

TUHF Limited v 266 Bree Street Johannesburg (Pty) Ltd and Others (11987/2020) [2023] ZAGPJHC 361 (21 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

11987/2020

Judge

ML Senyatsi

The court found that the loan agreement was valid and enforceable, as all conditions were fulfilled or waived prior to drawdown and the parties' conduct confirmed their intention for the agreement to operate. The grace period for repayment ended in April 2019, not July 2019, as the evidence did not support a further extension. The first defendant breached the agreement by failing to make any repayments and failing to pay municipal charges, entitling the plaintiff to accelerate the full loan amount. The certificate of indebtedness provided prima facie proof of the quantum, which was substantia…

Source excerpt

• Loan Agreement Enforcement
• Suretyship Liability
• Business Rescue
• Certificate Of Indebtedness
• Companies Act Section 45
• Contractual Suspensive Conditions