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South Africa decisions
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Moletji v Standard Bank of South Africa and Others (29793/2016) [2025] ZAGPPHC 775 (30 July 2025)
The High Court dismissed an application to stop a sale in execution, holding the applicant lacked standing and had proven no valid sale agreement.
Dineam Trade (Pty) Ltd v Sumali Investments 101 (Pty) Ltd (2022/54688) [2025] ZAGPJHC 116 (13 February 2025)
The court found that the applicant failed to establish reasonable prospects of success for leave to appeal against the dismissal of the provisional liquidation application. The respondent provided sufficient security for the alleged debt, and the applicant had collected rental from the property for a decade, undermining its claim for refund. The alleged fraud was not substantiated, and the inability to transfer ownership did not constitute fraud. The court emphasized that liquidation proceedings should not be used as a debt collection mechanism where the debt is bona fide disputed. The legal…
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Aristocraft (Pty) Ltd v Paintchem (Pty) Ltd (A214/2023; 3711/2022) [2024] ZAGPPHC 480 (13 May 2024)
The High Court dismissed an appeal against the dismissal of an exception, holding the particulars of claim were sufficiently pleaded, jurisdiction was properly pleaded, and no serious prejudice was shown.
Summermania Eleven (Pty) Ltd v Hattingh N O (316/2022) [2024] ZASCA 42 (5 April 2024)
The Supreme Court of Appeal held that Summermania failed to prove breach of a game-number warranty, and dismissed the appeal with costs.
Pacheco and Another v Louis and Another (2023/120101) [2023] ZAGPJHC 1461 (18 December 2023)
Urgent property-sale dispute: the court held the applicants had not shown a prima facie right because the amended land-sale agreement was not signed by the seller.
Masehla v N.G and Another (2019/40372) [2023] ZAGPJHC 1165 (16 October 2023)
The High Court dismissed an application to remove a bar, finding no reasonable explanation for a three-year delay and no need to reach a bona fide defence.
Macsteel Trading Welkom v Hattingh (2710/2020) [2021] ZAFSHC 173; 2022 (2) SACR 511 (FB) (3 August 2021)
The High Court dismissed an exception to particulars of claim in a sale-and-suretyship debt claim, holding the pleadings disclosed a cause of action.
Viljoen v Njebe and Others (A5004/2020) [2021] ZAGPJHC 147 (18 May 2021)
The High Court held that a property sale lapsed when the buyers missed a suspensive bond condition, so the seller was not bound and transfer could proceed.
Metal Tank Industries (Pty) Ltd v Introweld CC (40409/2020) [2021] ZAGPPHC 311 (17 May 2021)
The High Court upheld an exception to particulars of claim in a sale-and-delivery dispute, finding the pleading vague, embarrassing, and lacking sufficient detail.
Bornman v Karan Beef; In Re: Sheriff of the High Court, Theunissen v Karan Beef and Another (1899/2020) [2020] ZAFSHC 195 (22 October 2020)
The court dismissed an interpleader claim to attached game, finding Jan Frederick Bornman failed to prove ownership and ordering costs against him.
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