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South Africa decisions
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Marais and Another v Nortiger Logistics-SA (Pty) Ltd and Another (14866/2022) [2025] ZAGPJHC 498 (21 May 2025)
The court set aside the sale of a crane after finding a prior cession invalid and ineffective to transfer ownership, making the disposition voidable in liquidation.
South African Forestry Company SOC Limited v Boruchowitz N.O and Another (033595/2022) [2025] ZAGPJHC 314 (24 March 2025)
The court found that Hakhensa Consulting CC demonstrated a direct and substantial interest in the outcome of the main review application, both as cessionary under the deed of cession and as a contractual beneficiary under the addendum to the memorandum of understanding. Clause 18.2 of the services agreement did not clearly prohibit cession of the right to receive payment, and even if it did, any refusal of consent by SAFCOL would have been unreasonable given the circumstances. The court held that Hakhensa's rights would be adversely affected if the relief sought by SAFCOL in the review were g…
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Pioneer Drill and Blast (Pty) Ltd v Deysel (Leave to Appeal) (055056/2023) [2025] ZAGPPHC 217 (3 March 2025)
The High Court dismissed leave to appeal, finding no reasonable prospect on the suretyship and cession arguments and awarding costs on scale B.
Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others (Leave to Appeal) (16399/2023) [2025] ZAWCHC 58 (21 February 2025)
The High Court dismissed leave to appeal, finding no reasonable prospects of success in challenges to a settlement agreement and ceded suretyship.
Stewarts & Lloyds Holdings (Pty) Ltd v Oxy Trading 295 (Pty) Ltd t/a DL Construction and Others (1204/2021) [2025] ZANWHC 19 (3 February 2025)
The High Court upheld an exception to the defendants’ plea, struck it out, and ordered costs after finding the plea vague, contradictory, and non-defensive.
South African Securitisation Programme (RF) Ltd and Others v 7 SIRS Group (Pty) Ltd and Others (9525/2022) [2024] ZAWCHC 89 (20 March 2024)
Summary judgment was granted against a guarantor on a rental debt claim. The court held the plaintiffs had locus standi, the certificate of balance was valid, and bare denials were insufficient.
Intello Capital CC v Vuka Mzantshi Holdings (Pty) Limited (2022/019195) [2024] ZAGPJHC 148 (21 February 2024)
The High Court granted final liquidation of Vuka Mzantshi Holdings after finding Intello Capital’s debt claim established and the respondent’s defences unpersuasive.
Sasfin Bank Limited v Innes Rupert Steenekamp t/a Innes Steenekamp Attorneys (2496/2022) [2023] ZAGPJHC 1479 (28 December 2023)
Summary judgment was refused in a rental-agreement claim where the defendant raised a triable defence based on CPA cancellation and reasonable penalty.
Jacobs and Another v Garlicke and Bousfield Inc and Others (1340/2011) [2023] ZAKZDHC 66 (13 September 2023)
The High Court dismissed an application to substitute the plaintiff with the applicant, finding the company had no claim to cede and the applicant’s claim had prescribed.
Misty Sea Trading 296 (Pty) Ltd t/a Project Logistics Managemant v Route Management (Pty) Ltd t/a Busaf Bauer (5476/2019) [2023] ZAFSHC 244 (20 June 2023)
High Court case on a custom-built trailer: the court held the defendant breached the sale agreement because the trailer snagged on the ground and was unfit for purpose.
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