South Africa Case Law

Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698)

Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698) [2025] ZAGPPHC 341 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-123698

Judge

A Maier-Frawley

The applicant established, on a balance of probabilities, that the respondent is unable to pay its debts as envisaged by section 345 of the Companies Act, 1973. The applicant complied with all procedural requirements, including proper service of the statutory demand at the respondent's registered address. The respondent's opposition was based on unsubstantiated denials and lacked material particularity, failing to raise a bona fide dispute of fact. The respondent did not provide credible evidence of payment or solvency, and its technical objections regarding the case number were without merit…

Source excerpt

• Company Liquidation
• Commercial Insolvency
• Statutory Demand
• Cession Of Claim
• Provisional And Final Liquidation
• Service Of Process

Stamford Sales & Distribution (Pty) Limited v Metraclark (Pty) Limited (676/2013)

Stamford Sales & Distribution (Pty) Limited v Metraclark (Pty) Limited (676/2013) [2014] ZASCA 79 (29 May 2014)

Court

Supreme Court of Appeal

Case number

676/2013

Judges

Lewis, Mhlantla, Swain

The Supreme Court of Appeal held that the deponent to the verifying affidavit, as National Credit Manager of Metraclark, had sufficient direct knowledge of the material facts by virtue of possession and control of all relevant documentation, including the cession agreement and correspondence. The court rejected the requirement for personal or first-hand knowledge of every fact, emphasizing commercial pragmatism over undue formalism. On the issue of bona fide defence, Stamford failed to disclose the nature and grounds of its defence, relying only on unverified assertions from the cedent and no…

Source excerpt

• Summary Judgment
• Verifying Affidavit
• Cession Of Claim
• Bona Fide Defence

Engen Petroleum Limited v AAc Agri Foods CC and Another (4057/2013)

Engen Petroleum Limited v AAc Agri Foods CC and Another (4057/2013) [2014] ZAFSHC 57 (24 April 2014)

Court

Free State High Court, Bloemfontein

Case number

4057/2013

Judge

Motloung, AJ

The court found that the affidavit supporting the summary judgment application did not comply with Rule 32(2) of the Uniform Rules of Court. The deponent, employed by Engen SA, failed to demonstrate sufficient personal knowledge of the transactions conducted by Engen Lesotho, the original creditor. There was no causal link established between the accounts of Engen Lesotho and Engen SA, and the supporting documents did not adequately verify the amount claimed or the underlying transactions. The absence of invoices and reliance on computer print-outs and certificates of balance from Engen SA we…

Source excerpt

• Summary Judgment
• Personal Knowledge Requirement
• Cession Of Claim
• Suretyship Liability

De Villers v Goosen (2009/23474)

De Villers v Goosen (2009/23474) [2012] ZAGPJHC 199 (23 October 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2009/23474

Judge

Whitcutt

The High Court rectified an acknowledgment of debt to add a clause ending repayment on the creditor’s death, and dismissed the plaintiff’s claim.

• Rectification Of Contract
• Acknowledgment Of Debt
• Cession Of Claim
• Onus Of Proof
• Family Arrangement
• Rectification-of-contract

Forrest Crest Properties CC v Matthee and Others (AR 194/11)

Forrest Crest Properties CC v Matthee and Others (AR 194/11) [2012] ZAKZPHC 80 (30 July 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 194/11

Judges

Murugasen, Seegobin

Appeal against refusal to rescind a default judgment was dismissed. The court held the attempted cession and stay request did not justify rescission.

• Rescission Of Judgment
• Counterclaim Exceeding Jurisdiction
• Stay Of Proceedings
• Cession Of Claim
• Constitutional Review Of Statute
• Rescission-of-judgment

Execujet Aviation (Pty) Ltd v khumalo (2010/42058)

Execujet Aviation (Pty) Ltd v khumalo (2010/42058) [2011] ZAGPJHC 59 (15 June 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2010/42058

Judge

P.N. Levenberg

The High Court dismissed a claim based on an alleged acknowledgment of debt, holding the undertaking was too vague and inconsistent with the applicant’s own case.

• Acknowledgement Of Debt
• Cession Of Claim
• Res Judicata
• Waiver And Election
• Corporate Liquidation
• Acknowledgment-of-debt

Van Niekerk v Clarke and Another (14791/07)

Van Niekerk v Clarke and Another (14791/07) [2010] ZAWCHC 169 (31 August 2010)

Court

Western Cape High Court, Cape Town

Case number

14791/07

Judge

D H Zondi

The High Court held that a deed of cession signed by a non-trustee was invalid, so the plaintiff lacked locus standi and absolution from the instance was granted.

• Trust Deed Interpretation
• Locus Standi
• Delegation Of Trustee Powers
• Cession Of Claim
• Absolution From Instance
• Trust-deed-interpretation

Sumelar Ontwikkelings (Pty) Ltd v HTF Developers (Pty) Ltd (22587/08)

Sumelar Ontwikkelings (Pty) Ltd v HTF Developers (Pty) Ltd (22587/08) [2008] ZAGPHC 247; 2008 (6) SA 650 (T) (7 August 2008)

Court

High Courts - Gauteng

Case number

22587/08

Judge

Murphy

Summary judgment was refused in a costs dispute involving a ceded taxed bill of costs, because the defendant raised a bona fide defence based on an alleged agreement and possible set-off.

• Summary Judgment
• Taxed Bill Of Costs
• Cession Of Claim
• Set Off
• Attorney Client Fees
• Summary-judgment

Janse Van Rensburg v Muller (9/94)

Janse Van Rensburg v Muller (9/94) [1995] ZASCA 136; 1996 (2) SA 557 (SCA); [1996] 1 All SA 353 (A); (23 November 1995)

Court

Supreme Court of Appeal

Case number

9/94

Judges

Joubert, Smalberger, Steyn, Harms, Van Coller

The court held that creditors could ratify the cession of an insolvent estate claim to the insolvent’s spouse, and the appeal was dismissed with costs.

• Cession Of Claim
• Insolvent Estate Administration
• Ratification By Creditors
• Public Policy
• Sale Of Assets
• Trustee Powers