South Africa Case Law

Gatter v Grand Tech Auto (PTY) Limited t/a Grand Tech Auto Body and Another (2021/47581)

Gatter v Grand Tech Auto (PTY) Limited t/a Grand Tech Auto Body and Another (2021/47581) [2022] ZAGPJHC 523 (8 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47581

Judge

Gilbert

The court found that the respondents failed to establish any agreement or enrichment entitling them to storage costs, and that their right of retention did not extend to such costs. The applicant was entitled to the release of her vehicle upon payment of the admitted repair amount and the provision of substitute security for the disputed balance. The respondents' claim for a money judgment based on compromise was rejected, as any tender made by the applicant had lapsed by the time the respondents purported to accept it. The court exercised its discretion to order the release of the vehicle, s…

Source excerpt

• Right Of Retention
• Substituted Security
• Debtor Creditor Lien
• Unjustified Enrichment
• Compromise Settlement
• Motor Vehicle Repairs

ABSA Bank Limited v Sable Hills Waterfront Estates CC and Others; ABSA Bank Limited v On Air Investment Holdings (Pty) Ltd and Others (2020/15210;2020/41768)

ABSA Bank Limited v Sable Hills Waterfront Estates CC and Others; ABSA Bank Limited v On Air Investment Holdings (Pty) Ltd and Others (2020/15210;2020/41768) [2022] ZAGPJHC 205; [2022] 2 All SA 767 (GJ) (15 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/15210;2020/41768

Judge

N.J. Graves

The High Court refused summary judgment in a Sable Hills debt claim but granted it in an On Air matter, focusing on Rule 32, security, and compromise.

• Summary Judgment
• Suretyship
• Mortgage Bond
• Loan Agreement
• Public Policy Defence
• Compromise Settlement

Van As v African Bank Limited (2004/26311)

Van As v African Bank Limited (2004/26311) [2004] ZAGPHC 4; (2005) 26 ILJ 227 (W); [2005] 3 BLLR 304 (W) (26 October 2004)

Court

High Courts - Gauteng

Case number

2004/26311

Judge

J.P. Horn

The High Court enforced a retrenchment agreement and barred African Bank from dismissing the applicant through pending disciplinary proceedings.

• Retrenchment Agreement
• Specific Performance
• Disciplinary Procedure
• Compromise Settlement
• Retrenchment-agreement
• Disciplinary-procedure

Hoeksma and Another v Hoeksma (511/88)

Hoeksma and Another v Hoeksma (511/88) [1990] ZASCA 41; 1990 (2) SA 893 (AD); (30 March 1990)

Court

Supreme Court of Appeal

Case number

511/88

Judges

Joubert, Smalberger, Nicholas, Friedman, Nienaber

The court held that a family settlement over inherited land was not an exchange under the Alienation of Land Act and remained valid.

• Alienation Of Land Act
• Redistribution Agreement
• Interpretation Of Wills
• Compromise Settlement
• Alienation-of-land-act
• Family-settlement