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South Africa decisions
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Absa Bank Limited v Tshabalala (3953/2024) [2025] ZAFSHC 142 (16 May 2025)
Summary judgment was granted for Absa Bank on suretyship and mortgage loan debts. The court dismissed res judicata and non-joinder objections and awarded attorney-and-client costs.
Chuene v Favours Cathedral Church (Appeal) (HCAA30/2023) [2025] ZALMPPHC 95 (14 May 2025)
The court found that the sale agreement between the appellant and respondent was valid and enforceable. The appellant admitted to both the conclusion of the sale agreement and receipt of the purchase price. The statutory provisions of the Alienation of Land Act invoked by the appellant, particularly section 29A, were intended to protect purchasers, not sellers. The appellant, as seller, could not rely on these provisions to challenge the validity of the contract. The agreement was in writing, signed by both parties, and contained all essential elements required by law. The court a quo correct…
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Lona Citrus (Pty) Ltd v Vutsela Iglobju Investments (Pty) Ltd (2045/24) [2025] ZAMPMBHC 36 (13 May 2025)
The court found that the Marketing Agreement was terminated by the Deed of Cession, rendering the respondent's point in limine regarding notice of breach irrelevant. The Deed of Cession, signed by both parties, irrevocably ceded the respondent's rights to proceeds from Karino and any future exporter to the applicant, with the respondent remaining liable for any outstanding balance if the debt could not be recovered from those parties. The certificate of account issued by the applicant's director constituted prima facie proof of the respondent's indebtedness, and the respondent failed to provi…
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Firstrand Bank Limited v Ayob and Another (045157/2023) [2025] ZAGPPHC 350 (15 April 2025)
The court found that the suretyships were executed in manuscript during a virtual meeting, as evidenced by video footage and corroborated by the applicant's representative. The respondents' claims of electronic execution and forgery were contradicted by their earlier admissions and the memorandum of agreement acknowledging their indebtedness. The video footage and email copies of the suretyships were admissible under section 15 of the Electronic Communications and Transactions Act, and the respondents retained the originals. The respondents' defences were rejected as unsustainable and deceitf…
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Clientelle Life Assurance Company Limited v B3 Insurance Brokers (Pty) Ltd (024527/25) [2025] ZAGPJHC 332 (20 March 2025)
The High Court struck off an urgent application and counter-application about an anti-churning clause, holding the dispute could be resolved in pending arbitration.
SD Recruitment (Pty) Ltd v Vryburg and Others (20986/2024) [2025] ZAWCHC 34 (29 January 2025)
The court found the urgency of the application was self-created due to the applicant's delay in bringing proceedings. The restraint of trade agreement was signed after the respondent's employment had ended, under circumstances raising concerns of economic duress and unequal bargaining power. The applicant failed to demonstrate that the information allegedly protected was truly confidential or that its disclosure posed a real risk to its business. Much of the information, including margins, was found to be in the public domain and accessible through tender processes. The restraint was overly b…
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St Cyprian's School v R.V and Another (20693/2024) [2024] ZAWCHC 401 (29 November 2024)
The High Court granted an interdict barring the respondents from enrolling their child at St Cyprian's School and ordered payment of arrear school fees with interest.
Mlahlwa v Life Healthcare East London Learning Centre (EL1908/2024) [2024] ZAECELLC 43 (12 November 2024)
The court found that the applicant did not meet the minimum requirements for admission to the nursing diploma, as she had failed her matriculation examinations on both occasions. The respondent's initial error in enrolling the applicant was acknowledged and rectified through a binding settlement agreement, which both parties signed. The court distinguished the Smith J judgment, noting that it dealt with the powers of an organ of state and public law issues, whereas the present dispute was between private parties and governed by contract law. The settlement agreement validly terminated the app…
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Assetline South Africa (Pty) Ltd v KM Architects (Pty) Ltd and Others (17249/2022) [2023] ZAGPPHC 1865 (3 November 2023)
The High Court held the National Credit Act did not apply to this large juristic-person loan, enforced the certificate of balance, and granted judgment against the principal debtor and sureties.
Restivox (Pty) Ltd t/a Crazy Slots Free State v Cronje t/a Fisherman's Bar (2334/2023) [2023] ZAFSHC 358 (14 September 2023)
The court granted access to recover four gaming machines and ordered payment of R37,857 after finding no bona fide dispute and no valid contractual defence.
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