South Africa Case Law

Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172)

Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172) [2025] ZAGPJHC 145 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/58172

Judge

GC Wright

The court found that the affidavit resisting summary judgment, deposed to by Mr Menong, set out a detailed and plausible defence. The circumstances described, including the signing of blank documents and the involvement of a third party (On Point), raised sufficient doubt regarding the applicants' claims and the enforceability of the guarantee and cession agreements. In light of this, the application for summary judgment could not succeed, and the defendants were granted leave to defend.

Source excerpt

• Summary Judgment
• Guarantee Liability
• Cession Of Debt
• Hire Agreement

Seima N.O and Others v Saharan Trade and Finance (Pty) Ltd (2022/027175)

Seima N.O and Others v Saharan Trade and Finance (Pty) Ltd (2022/027175) [2024] ZAGPJHC 826 (22 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/027175

Judge

I Opperman

The High Court dismissed a provisional liquidation application, holding that the alleged loan debt was bona fide disputed and should be determined in action proceedings.

• Provisional Liquidation
• Bona Fide Dispute
• Prescription
• Cession Of Debt
• Standing Of Trustees
• Provisional-liquidation

Knoop N.O. and Others v SAFIC (Pty) Limited (038511/2023)

Knoop N.O. and Others v SAFIC (Pty) Limited (038511/2023) [2024] ZAGPJHC 2 (4 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

038511/2023

Judge

Noko

The High Court discharged a provisional liquidation rule nisi, finding the applicants lacked locus standi after a cession of the loan claim and awarding punitive costs.

• Company Liquidation
• Locus Standi
• Prescription
• Cession Of Debt
• Just And Equitable Winding Up
• Company-liquidation

All-Gen Evolve (Pty) Ltd v Janse Van Rensburg (2021/39559)

All-Gen Evolve (Pty) Ltd v Janse Van Rensburg (2021/39559) [2023] ZAGPJHC 1013 (11 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/39559

Judge

Strydom

The High Court dismissed an exception to particulars of claim based on vagueness and alleged double cession, holding the pleading disclosed a cause of action.

• Exception Procedure
• Cession Of Debt
• Vagueness And Embarrassment
• Cause Of Action
• Contractual Damages
• Exception-procedure

Strydom N.N.O and Others v Africum Commodities (Pty) Ltd and Others (7817/2017)

Strydom N.N.O and Others v Africum Commodities (Pty) Ltd and Others (7817/2017) [2022] ZAGPPHC 976 (7 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

7817/2017

Judge

N Janse Van Nieuwenhuizen

The court found that Technichem was the first cessionary and the only party competent to receive payment of the maize crop proceeds. Africum was notified of Technichem's cession on 7 August 2015, yet continued to pay Suidwes, the second cessionary. Africum did not raise estoppel and could not rely on the protection afforded to a blameless debtor, as it had knowledge of the true cessionary. Therefore, payments made to Suidwes after notification did not discharge Africum's debt to Kirsten's estate. The trustees, as representatives of the insolvent estate, are entitled to claim the outstanding p…

Source excerpt

• Cession Of Debt
• Payment Discharge
• Double Cession
• Estoppel
• Insolvency Trustees
• Purchase Price Claim

Land and Agricultural Development Bank of South Africa v Phosfert Trading (PTY) Ltd (28966/2020)

Land and Agricultural Development Bank of South Africa v Phosfert Trading (PTY) Ltd (28966/2020) [2022] ZAGPJHC 697 (15 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

28966/2020

Judge

Mudau

The High Court granted a provisional liquidation order after finding the respondent bound by suretyship, with no bona fide dispute over the debt or cession.

• Provisional Liquidation
• Suretyship
• Commercial Insolvency
• Cession Of Debt
• Just And Equitable Winding Up
• Provisional-liquidation

Nagel N.O and Others v Land and Agriculture Development Bank of South Africa (M716/2019)

Nagel N.O and Others v Land and Agriculture Development Bank of South Africa (M716/2019) [2021] ZANWHC 53 (22 July 2021)

Court

North West High Court, Mafikeng

Case number

M716/2019

Judge

MZ Makoti

High Court decision dismissing an application to rescind a default judgment, finding no good cause, no bona fide defence, and inadequate explanation for delay.

• Rescission Of Judgment
• Default Judgment
• Locus Standi
• Cession Of Debt
• National Credit Act
• Costs Award

Merchant West Capital Solutions (Pty) Ltd v SAPPI Southern Africa (Pty) Ltd and Others (12395/2017)

Merchant West Capital Solutions (Pty) Ltd v SAPPI Southern Africa (Pty) Ltd and Others (12395/2017) [2020] ZAGPJHC 50 (17 January 2020)

Court

South Gauteng High Court, Johannesburg

Case number

12395/2017

Judge

Matsemela

The High Court held that the invoice cession was unenforceable against Sappi because written consent required by the SLA was not proved.

• Cession Of Debt
• Non Variation Clause
• Contractual Interpretation
• Shifren Principle
• Quantum Of Claim
• Cession-of-debt

Waldeck NO and Others v Land and Agricultural Development Bank of South Africa (4013/18)

Waldeck NO and Others v Land and Agricultural Development Bank of South Africa (4013/18) [2019] ZAMPMHC 4 (14 October 2019)

Court

Middelburg High Court, Mpumalanga

Case number

4013/18

Judge

Brauckmann

The court found that the respondent's reliance on confidentiality was not supported by sufficient factual detail and that any confidentiality was waived by permitting inspection of the documents. The documents referenced in the pleadings are relevant to the respondent's locus standi and must be disclosed to the applicants to enable them to plead and challenge the respondent's standing. The respondent's refusal to allow copying was unreasonable, especially as the applicants are not competitors and have undertaken not to disclose the documents to third parties. The court ordered discovery and c…

Source excerpt

• Discovery Procedure
• Confidentiality Of Documents
• Locus Standi
• Cession Of Debt

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited and Another (20442/2014)

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited and Another (20442/2014) [2018] ZAGPJHC 583 (31 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

20442/2014

Judge

M A Makume

The High Court ordered payment of interest and access to security under a debt rescheduling agreement, and rejected a late affidavit alleging fraud.

• Debt Rescheduling Agreement
• Certificate Of Indebtedness
• Cession Of Debt
• Guarantee Enforcement
• Joinder Of Parties
• Interest On Debt