South Africa Case Law

First Rand Bank Limited Trading as First National Bank v Signature Barkey Pty Limited and Another (2022/024180)

First Rand Bank Limited Trading as First National Bank v Signature Barkey Pty Limited and Another (2022/024180) [2025] ZAGPJHC 343 (6 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/024180

Judge

A Bester

Summary judgment was granted against a surety after the court rejected postponement, condonation objections, and defences based on ambiguity, misrepresentation, rectification, and the NCA.

• Summary Judgment
• Suretyship
• Jurisdiction Of High Court
• Condonation Of Late Affidavit
• Formal Requirements Of Suretyship
• National Credit Act Exclusion

Bana v Georgiou (3759/2023)

Bana v Georgiou (3759/2023) [2024] ZAFSHC 171 (16 May 2024)

Court

Free State High Court, Bloemfontein

Case number

3759/2023

Judge

Buys

The court found that the applicant failed to establish a liquidated claim against the respondent, as the Acknowledgement of Debt (AOD) constituted a credit agreement under the National Credit Act. The applicant was not registered as a credit provider, rendering the AOD unlawful and void. The respondent's defence regarding the invalidity of the AOD was based on a legal principle and could be decided on the papers. The alleged oral agreement was also disputed on bona fide and reasonable grounds. Consequently, the applicant did not satisfy the first requirement for provisional sequestration. The…

Source excerpt

• Provisional Sequestration
• Acknowledgement Of Debt
• National Credit Act Compliance
• Credit Provider Registration
• Striking Out Scandalous Matter
• Condonation Of Late Affidavit

Gokaldas v Allah Wala Wholesalers (45779/2017)

Gokaldas v Allah Wala Wholesalers (45779/2017) [2018] ZAGPPHC 631 (23 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

45779/2017

Judge

E Van Der Schyff

The High Court cancelled an oral lease and ordered eviction after finding non-payment of rent, but it refused monetary judgment because the arrears were not proved.

• Eviction Of Commercial Tenant
• Oral Lease Agreement
• Arrear Rental
• Condonation Of Late Affidavit
• Locus Standi
• Commissioning Of Affidavit

Viljoen NO and Others v GWK Limited (2304/2017)

Viljoen NO and Others v GWK Limited (2304/2017) [2017] ZAECGHC 135 (28 November 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

2304/2017

Judge

NG Beshe

The High Court refused leave to appeal against summary judgment, finding no reasonable prospect of success and noting the applicants had not properly raised a defence.

• Summary Judgment
• Leave To Appeal
• Rule 32 Compliance
• Condonation Of Late Affidavit
• Summary-judgment
• Leave-to-appeal