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South Africa decisions
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Tunica Trading 104 v City of Mbombela (3550/2024) [2025] ZAMPMBHC 42 (23 May 2025)
Summary judgment was refused in a municipal payment dispute because the claim was not shown to be liquidated and the defendant raised a bona fide defence.
South African Securitisation Programme (Rf) Limited v Papegaai Liquor Investments (Pty) Ltd and Others (2279/2023) [2025] ZAMPMHC 27 (15 May 2025)
The High Court dismissed an application to join a third respondent as defendant, finding no direct and substantial interest and awarding costs against the applicant.
Sekhukhune District Municipality v Betram (Pty) Ltd and Another (1249/2021) [2025] ZALMPPHC 29 (25 February 2025)
The High Court dismissed the first defendant’s exception, holding that the pleadings disclosed a possible cause of action and that contract interpretation needed trial evidence.
Pioneer Drill and Blast (Pty) Ltd v Deysel (055056/2023) [2024] ZAGPPHC 1131 (4 November 2024)
The court found that Mr Deysel is liable to Pioneer as surety and co-principal debtor for the debt owed by Deymine under the services agreement. The suretyship agreement was validly concluded, and Mr Deysel knowingly signed it in his personal capacity. The cession agreement did not extinguish or vary the obligations of Deymine or Mr Deysel; it merely provided additional security for Pioneer. The defence of non-joinder was rejected, as Deymine does not have a direct and substantial legal interest in the subject matter of the litigation. The court held that no real, genuine, or bona fide disput…
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Afrifert (Pty) Ltd v TWK Agri (Pty) Ltd - Leave to Appeal (6813/2020) [2023] ZALMPPHC 65 (7 August 2023)
The High Court dismissed Afrifert’s application for leave to appeal, finding no reasonable prospect of success and enforcing the written-consent requirement in the cession agreement.
Avenir Holding (Pty) Ltd v Department of Public Works, Roads and Transport, Mpumalanga Provincial Government (4359/2021) [2022] ZAMPMBHC 45 (10 June 2022)
The applicant failed to show good cause for its delay in issuing the required notice to the respondents. The explanation provided for the delay, including reliance on the Covid-19 lockdown, was insufficient, as correspondence continued during the relevant period and no adequate reason was given for not dispatching the notice via email or after operations resumed. Furthermore, the applicant did not attach the cession agreement or its alleged extension, and the respondents' evidence demonstrated that the cession agreement was limited in scope and had lapsed upon completion of the work and payme…
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Powercem Trading And Manufacturing (Pty) Ltd T/A Powercem SA v Thobakgale N.O (1391/2012) [2014] ZANWHC 48 (11 September 2014)
The court dismissed Powercem’s claim against the North West Department, finding no binding contract or approved cession because DPW’s written approval was never obtained.
Umzumbe Municipality v Great Supply CC (118/2009) [2013] ZAKZDHC 13 (15 April 2013)
The court dismissed Umzumbe Municipality’s claim for repayment, holding that it failed to prove the defendant was enriched after goods were delivered and paid for.
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