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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 7

RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553)

RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553) [2025] ZAGPJHC 7 (12 January 2025)

The High Court enforced an arbitration award and held that interest on late certification of escalation amounts was payable under the subcontract, compounded monthly.

  • Arbitration Act Section 31
  • Arbitration Award Enforcement
  • Contractual Interest
  • Interpretation Of Awards
  • Compound Interest
  • Default Interest
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Banking And Finance [2024] ZAGPJHC 547

Assetline South Africa (Pty) Ltd v MLM Associates Inc and Another (A2023/108765)

Assetline South Africa (Pty) Ltd v MLM Associates Inc and Another (A2023/108765) [2024] ZAGPJHC 547 (11 June 2024)

The High Court held the National Credit Act did not apply to a juristic-person loan exceeding R250,000, and allowed Assetline’s appeal.

  • National Credit Act
  • Reckless Credit
  • Suretyship
  • Special Executability
  • In Duplum Rule
  • Contractual Interest
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Commercial And Corporate [2021] ZAGPJHC 739

Stewarts and Lloyds Holdings (Pty) Ltd v Solid Steel Construction (Pty) Ltd (A3070/2021)

Stewarts and Lloyds Holdings (Pty) Ltd v Solid Steel Construction (Pty) Ltd (A3070/2021) [2021] ZAGPJHC 739 (10 November 2021)

Appeal upheld: the court enforced the contractually agreed interest rate and date, holding that mora arose ex re and no demand was required.

  • Incidental Credit Agreement
  • Contractual Interest
  • Mora Ex Re
  • Pacta Sunt Servanda
  • Prescribed Rate Of Interest
  • Penalty Clause
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Commercial And Corporate [2021] ZAGPJHC 114

Specialized Bicycle Components South Africa (Pty) Ltd v Zascotorque (Pty) Ltd t/a Concept Cyclery and Others (20/12853)

Specialized Bicycle Components South Africa (Pty) Ltd v Zascotorque (Pty) Ltd t/a Concept Cyclery and Others (20/12853) [2021] ZAGPJHC 114 (6 April 2021)

The High Court held that Specialized validly acquired the seller’s rights by assignment, the respondents remained liable under an unconditional guarantee, and costs and interest followed.

  • Guarantee Liability
  • Cession And Assignment
  • Contractual Interest
  • Attorney And Client Costs
  • Cession-and-assignment
  • Guarantee-liability
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Civil Procedure [2019] ZAGPPHC 635

Shames N.O and Others v Body Corporate of Victoria and Edward Court (A535/17)

Shames N.O and Others v Body Corporate of Victoria and Edward Court (A535/17) [2019] ZAGPPHC 635 (2 December 2019)

The High Court dismissed an appeal about whether a body corporate loan debt had prescribed, holding that payment obligations arose on receipt of levies.

  • Prescription Act
  • Loan Agreement Interpretation
  • Statutory Duties Of Body Corporate
  • Contractual Interest
  • Debt Due Date
  • Prescription
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Commercial And Corporate [2018] ZAGPJHC 85

Mamli Projects Corporation v Ekurhuleni Metropolitan Municipality (011751/17)

Mamli Projects Corporation v Ekurhuleni Metropolitan Municipality (011751/17) [2018] ZAGPJHC 85 (2 February 2018)

The High Court held that the principal agent did not exceed its mandate when issuing payment certificates, and ordered the municipality to pay the certified sums plus interest.

  • Specific Performance
  • Contractual Interest
  • Payment Certificates
  • Principal Agent Authority
  • Payment-certificates
  • Principal-agent-authority
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Commercial And Corporate [2017] ZAGPPHC 42

Worley Parsons RSA (Pty) Limited v Ekurhuleni Metropolitan Municipality (55864/14)

Worley Parsons RSA (Pty) Limited v Ekurhuleni Metropolitan Municipality (55864/14) [2017] ZAGPPHC 42 (14 February 2017)

The court held that a settlement preserved the consultant’s right to claim contractual interest on unpaid amounts under earlier engineering instructions.

  • Settlement Agreement
  • Contractual Interest
  • Prescribed Rate Of Interest Act
  • Interpretation Of Contracts
  • Contractual-interest
  • Settlement-agreements
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Civil Procedure [2015] ZAFSHC 46

Theron and Another v Evans N.O. and Another (2598/2014)

Theron and Another v Evans N.O. and Another (2598/2014) [2015] ZAFSHC 46 (12 March 2015)

The High Court set aside summary judgment, holding that contractual notice was required before action and that the unagreed interest claim was not liquidated.

  • Summary Judgment
  • Voetstoots Clause
  • Latent Defects
  • Lex Commissoria
  • Liquidated Claim
  • Contractual Interest
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Civil Procedure [2014] ZAECBHC 3

South African National Tubercolosis v Provincial Government of the Eastern Cape (581/12)

South African National Tubercolosis v Provincial Government of the Eastern Cape (581/12) [2014] ZAECBHC 3 (11 March 2014)

The court held that VAT was payable on the property sale from registration date, so interest ran from 27 November 2009 at the prescribed rate.

  • Value Added Tax
  • Contractual Interest
  • Sale Of Immovable Property
  • Prescribed Rate Of Interest Act
  • Mora Ex Re
  • Value-added-tax
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Civil Procedure [2010] ZAGPJHC 84

S M Fraser Trading As Salka Enterprises v Counter Point Furnishers CC (10061/2010)

S M Fraser Trading As Salka Enterprises v Counter Point Furnishers CC (10061/2010) [2010] ZAGPJHC 84 (22 September 2010)

High Court grants provisional sentence on a deed of sale, finding Clause 17.1 created a liquid claim for interest after the defendant’s default.

  • Liquid Document
  • Provisional Sentence
  • Sale Of Immovable Property
  • Contractual Interest
  • Simple Condition
  • Liquid-document
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.