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South Africa decisions
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Firstrand Bank Limited v Mavie (2022/3707) [2024] ZAGPJHC 56 (29 January 2024)
Summary judgment was refused in a bank’s surety claim arising from a structured loan facility, with the court finding bona fide defences and missing pleading material.
TUHF Limited v 266 Bree Street Johannesburg (Pty) Ltd and Others (11987/2020) [2023] ZAGPJHC 361 (21 April 2023)
The court found that the loan agreement was valid and enforceable, as all conditions were fulfilled or waived prior to drawdown and the parties' conduct confirmed their intention for the agreement to operate. The grace period for repayment ended in April 2019, not July 2019, as the evidence did not support a further extension. The first defendant breached the agreement by failing to make any repayments and failing to pay municipal charges, entitling the plaintiff to accelerate the full loan amount. The certificate of indebtedness provided prima facie proof of the quantum, which was substantia…
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Mathee and Another v Aldes Alliance Business Brokers and Another (2424/2012) [2012] ZAWCHC 318 (21 September 2012)
The High Court held the leave-to-appeal application moot because the purchase price had already been paid out, and dismissed the application with costs.
Mosdell Pama & Cox v von Felbinger and Others (8771/10) [2012] ZAWCHC 127 (1 February 2012)
The court found that the oral waiver of the suspensive condition by the second claimant was invalid as it was not in writing and signed by both parties, as required by the non-variation clause. Consequently, the agreement initially lapsed due to non-fulfilment of the suspensive condition. However, the addendum signed by both parties on 29 April 2009 evidenced a clear intention to revive the lapsed agreement, and the parties' subsequent conduct confirmed this. The revived agreement was validly cancelled by the first claimant due to the second claimant's breach in failing to provide guarantees…
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Page v Park 2000 Development (Pty) Ltd (8400/2006) [2010] ZAWCHC 591 (1 December 2010)
The High Court granted leave to appeal to the Supreme Court of Appeal after finding a reasonable prospect of success and an apparent conflict on suspensive conditions.
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