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South Africa decisions
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ABSA Bank (Pty) Ltd v Setoil (Pty) Ltd and Others (2022/003646) [2025] ZAGPJHC 606 (10 June 2025)
Summary judgment was granted against sureties after the court found no bona fide defence, held clause 11 was discretionary, and rejected the duress defence.
South Africa Securitisation Programme (RF) Limited v T Abrahams Transport Services (Pty) Ltd and Another (381/2023) [2025] ZAWCHC 215 (22 May 2025)
The court found that the defendants had raised triable issues sufficient to resist summary judgment. The circumstances surrounding the signing of the contract, including the lack of opportunity to read, unreadability of the document, and the presence of unusual and onerous clauses not brought to the defendants' attention, warranted a trial. The defence of material misrepresentation by the agent, particularly regarding undisclosed additional costs, also raised a genuine issue for trial. The plaintiff, as cessionary, lacked personal knowledge of the contract negotiations and could not refute th…
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Potpale Investments (Pty) Ltd v Kotelo (2023/070442) [2025] ZAGPJHC 473 (16 May 2025)
The defendant's defences were vague, contradictory, and lacked sufficient detail to constitute a bona fide defence to summary judgment. Even if the agreement were suspended or set aside for reckless credit, the plaintiff, as owner, would still be entitled to repossession of the vehicle. The defendant admitted to being in arrears and provided no credible or cognisable defence to the plaintiff's claim. Accordingly, summary judgment was granted for confirmation of termination, return of the vehicle, and attorney and client costs.
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Orpen Brothers Properties 2 (Pty) Ltd v Siemens Healthcare (Pty) Ltd (35613/2021) [2024] ZAGPJHC 792 (13 August 2024)
The High Court refused summary judgment in a lease dispute, finding the defendant raised bona fide triable defences about invoice conditions, accrual, and tacit terms.
Global Connect Trading (Pty) Ltd and Others v South African Securitisation Programme (RF) Ltd and Others (3198/2022) [2024] ZAFSHC 152 (28 May 2024)
After considering the grounds of appeal and the parties' written representations, the court found that there is a reasonable prospect that another court would reach a different conclusion regarding the summary judgment granted. The applicants raised several defences, including issues of legibility of contractual terms, reliance on hearsay evidence, cancellation and penalty reduction, and force majeure. The court determined that these grounds, when properly construed, meet the threshold for granting leave to appeal as set out in section 17(1)(a) of the Superior Courts Act. Accordingly, leave t…
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Umlazi Civils Pty Ltd v Concor Construction t/a Conradie Development and Another (20967/2021) [2023] ZAWCHC 161 (10 July 2023)
The court held that the FIDIC contract did not confer on interim payment certificates an absolute or temporarily final right to payment in the face of a dispute. The contract's arbitration and adjudication provisions expressly allow for certificates to be opened up, reviewed, and revised by the arbitrator. The authorities relied on by the applicant do not establish a general rule of binding effect for interim certificates; rather, the effect depends on the specific contract terms. The employer retains the right to raise contractual defences and set-off, and the disputes regarding the certifie…
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Infiniti Insurance Co Ltd v Inkonka Civils CC and Another (9841/2021P) [2023] ZAKZPHC 7 (27 January 2023)
The court found that the applicant was bound to pay the third party upon receipt of a demand that complied with the terms of the performance guarantee. The respondents admitted the guarantee, indemnity, suretyship, and payment, and failed to establish any valid defence. The alleged dispute between the respondents and the third party regarding contract termination was irrelevant to the applicant's claim, as the applicant was not a party to that contract and was bound only by the guarantee's terms. No fraud was established, and the respondents did not take steps to prevent payment under the gua…
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Wesbank, a division of Firstrand Bank Ltd v Bester Kellerman Holdings (Pty) Ltd and Others (2567 / 2021) [2022] ZAWCHC 176 (9 September 2022)
Summary judgment was granted against a surety after the court found no bona fide defence to a finance agreement claim.
Small Enterprise Finance Agency SOC Limited v Razoscan (Pty) Ltd and Another (48631/2016) [2022] ZAGPPHC 500 (4 July 2022)
The High Court enforced a bridging loan against a fruit exporter and its surety, rejecting fraud allegations and awarding attorney-and-client costs.
National Stadium of South Africa (Pty) Ltd and Another v Street Spirit Trading 79 (Pty) Ltd and Others (55605/20) [2021] ZAGPPHC 821 (13 December 2021)
Summary judgment was granted against the second defendant for unpaid suite rental amounts after the court found no bona fide defence.
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