South Africa Case Law

Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125)

Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125) [2025] ZAGPPHC 781 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-033125

Judge

J Vorster

The court found that the respondent's indebtedness to the applicant was disputed on bona fide and reasonable grounds. The respondent provided sufficient factual allegations that, if proved at trial, would constitute a good defence to the applicant's claim. The applicant impermissibly attempted to broaden its claim in reply, which was not the case the respondent was called to meet. The Badenhorst rule applies, and winding-up proceedings are not appropriate for enforcing a debt that is genuinely disputed. There was no evidence of lack of bona fides on the respondent's part. The application for…

Source excerpt

• Close Corporations Act Liquidation
• Bona Fide Dispute Of Indebtedness
• Badenhorst Rule
• Costs Award
• Contractual Dispute

Marx v Coalition Trading 561 CC (Nedbank Limited) (4889/2021)

Marx v Coalition Trading 561 CC (Nedbank Limited) (4889/2021) [2022] ZAFSHC 125 (26 April 2022)

Court

Free State High Court, Bloemfontein

Case number

4889/2021

Judge

Snellenburg

The High Court confirmed a rule nisi placing Coalition Trading 561 CC in final liquidation after finding a bona fide dispute had not been shown.

• Close Corporations Act Liquidation
• Commercial Insolvency
• Badenhorst Rule
• Statutory Demand
• Costs In Liquidation
• Liquidation