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South Africa decisions
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African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022) [2025] ZAECQBHC 14 (13 May 2025)
The High Court dismissed an exception in a dispute over a cession agreement, holding that its interpretation could not be resolved on exception.
Advanced Office Automation ta Nashua North East v Du Plessis (29566/2016) [2024] ZAGPJHC 760 (16 August 2024)
The High Court allowed amendment of particulars of claim, including substitution of the plaintiff by cession, and rejected objections based on Rule 15 and alleged prejudice.
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.
Mapula Solutions (Pty) Ltd v African Bank Corporation of Zambia Limited and Others (33936/2016) [2023] ZAGPJHC 948 (24 August 2023)
The High Court held that the plaintiff had locus standi, found coordinated breaches of the debt rescheduling agreement, and awarded R704,968,234 plus interest.
Land and Agricultural Development Bank of South Africa v Phosfert Trading (Pty) Limited (2020/28966) [2023] ZAGPJHC 84 (3 February 2023)
The court found that the Respondent is unable to pay its debts within the meaning of section 345(1)(c) of the Companies Act. The Applicant established its claim as cessionary of GroCap, and the businesses of ATS and AOM fall within the statutory objects of the Land and Agricultural Development Bank Act. The Respondent's opposition based on statutory powers, suspensive conditions, and fraud was rejected as unsupported by evidence and untenable. The court applied the Plascon-Evans rule and concluded that the Applicant's version prevails on the probabilities. The Respondent's commercial insolven…
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Nedbank Limited v Stroh and Others (22990/2022) [2022] ZAGPPHC 909 (22 November 2022)
The High Court granted summary judgment against the second defendant, finding his denial of signing a suretyship was a bare denial and not a bona fide defence.
Noridane Foods AS v Ribzone (Pty) Limited and Another (21/16389) [2022] ZAGPJHC 516 (4 August 2022)
The Plaintiff failed to prove the cession of Westfleisch’s claim against the First Defendant, as the purported cession document was not signed by Westfleisch and no confirmatory affidavit was provided. The Plaintiff also did not comply with rule 18(6) by failing to attach the cession to the summons. The Defendant raised a bona fide defence that warrants the matter proceeding to trial. The Second Defendant’s business rescue status precludes relief against it at this stage, but does not affect the claim against the First Defendant. Accordingly, summary judgment is refused and leave to defend is…
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Investec Markets (Pty) Ltd v Joosub N.O. (2020/12981) [2022] ZAGPJHC 105 (1 March 2022)
Summary judgment was refused in a finance claim where the defendant raised unresolved issues about cession and the basis for the alleged debt.
PGN Civils (PTY) LTD v Greater Giyani Municipality (4924/2020) [2022] ZALMPPHC 6 (21 January 2022)
The court found that the applicant's claims were mutually contradictory and unquantifiable, with discrepancies between the amounts pleaded and the supporting documents. The applicant attempted to introduce new facts in reply, which is impermissible in provisional sentence proceedings. The completion certificate relied upon did not quantify the amounts due and was not a liquid document. The defendant provided evidence of payment and cession, raising a bona fide defence. The applicant failed to establish a clear and sustainable cause of action in the summons, and the application for provisional…
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Murray N.O. and Others v Humansdorp Co-Operative Limited (1697/2019) [2021] ZAECGHC 70 (26 July 2021)
Liquidators sought to set aside a payment to Humansdorp Co-operative as a disposition without value. The court held the company received value and dismissed the application.
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