South Africa Case Law

Trollip v Latrostax (Pty) Ltd and Others (3962/2024)

Trollip v Latrostax (Pty) Ltd and Others (3962/2024) [2025] ZAMPMBHC 14 (10 February 2025)

Court

Mbombela High Court, Mpumalanga

Case number

3962/2024

Judge

Mangena

The applicant failed to establish that Latrostax (Pty) Ltd does not have a bona fide defence to the claim for repayment of bridging finance. The authority of Mr Todd to bind Latrostax remains unresolved and is a triable issue. The documentary evidence, including financial statements and board minutes, does not conclusively prove Latrostax's indebtedness, and the explanation provided by Latrostax regarding the payment and the role of its shareholders is consistent with its defence. Summary judgment is inappropriate where material disputes of fact and authority exist, and these must be determin…

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• Summary Judgment
• Authority Of Agent
• Oral Agreement
• Liquidated Claim
• Company Directors

Mboni Shatsane Joint Venture (Pty) Ltd v Khawuyeza Trading (Pty) Ltd and Others (26650/16)

Mboni Shatsane Joint Venture (Pty) Ltd v Khawuyeza Trading (Pty) Ltd and Others (26650/16) [2016] ZAGPPHC 1118 (11 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

26650/16

Judge

N.P. Mali

The High Court dismissed an application to freeze and preserve bank funds after finding the applicant lacked locus standi and sufficient authority to sue.

• Locus Standi
• Authority To Institute Proceedings
• Company Directors
• Joint Venture Disputes
• Locus-standi
• Authority-to-institute-proceedings

Walker and Another v Cilantro Residential Estate Homeowners Association (A3067/16)

Walker and Another v Cilantro Residential Estate Homeowners Association (A3067/16) [2016] ZAGPJHC 299 (9 November 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A3067/16

Judges

R M Keightley, Malungana

The court held that the penalties imposed by Cilantro Residential Estate Homeowners Association were valid and enforceable. The articles of association empowered the board and AGM to impose both building and late payment penalties, including recurring penalties. The number of directors, though sometimes below five, was above the statutory minimum and accepted by the AGM without objection, rendering any procedural irregularities waived under clause 41. The title deed did not restrict Cilantro to a single remedy, and the association's non-profit status was not undermined by the imposition of pe…

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• Homeowners Association Rules
• Penalty Clauses
• Levy Enforcement
• Company Directors
• Conventional Penalties Act
• Statement And Debatement Of Account

Monsanto South Africa (Pty) Ltd v Vectobiz (Pty) Ltd and Another (20699/2015)

Monsanto South Africa (Pty) Ltd v Vectobiz (Pty) Ltd and Another (20699/2015) [2016] ZAGPPHC 722 (18 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

20699/2015

Judge

R G Tolmay

The High Court rejected Monsanto’s claim after finding it failed to prove Shawn Pretorius had authority to bind Vectobiz or that the seed was ordered for Vectobiz.

• Agency
• Apparent Authority
• Company Directors
• Shareholder Agreements
• Suretyship
• Burden Of Proof