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South Africa decisions
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Standard Bank of South Africa Limited v Luvhomba Financial Services CC (33219/2015) [2025] ZAGPPHC 394 (11 April 2025)
Summary judgment was granted to Standard Bank against a close corporation on a home loan debt, with the property declared executable and costs awarded.
Tuning Fork (Pty) Limited v Kilburn Auto Enterprises (Pty) Limited and Another (19349/2013) [2013] ZAGPJHC 327 (13 December 2013)
The High Court held that a suretyship signed for Tuning Fork (Pty) Ltd covered all the company’s obligations, not only debts linked to one trading division.
Comitis NO and Others v Fairbridge Mall (Pty) Ltd (A332/2012) [2013] ZAWCHC 99 (5 February 2013)
The High Court held that the appellants failed to prove a quasi-partnership or deadlock basis for winding up, and dismissed the appeal and fresh-evidence application.
Bright Bay Property Service (Pty) Ltd v Moravian Church in South Africa (3130/12) [2012] ZAWCHC 178; 2013 (3) SA 78 (WCC) (31 October 2012)
The court held that under the Companies Act 71 of 2008, reinstatement of a deregistered company does not retrospectively validate acts performed during the period of deregistration. The applicant, having been deregistered, lacked corporate personality and could not lawfully demand specific performance or institute proceedings. Any mining permit issued to the applicant during deregistration was void, as the applicant was a non-existent entity. The agreement between the parties was no longer in operation, and the applicant had no clear right to the relief sought. The respondent was not obliged…
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Denver Auto Body Repairers CC v Stand 637 Isando CC and Others (35238/12) [2012] ZAGPJHC 266 (18 October 2012)
The High Court dismissed an application to enforce a right of first refusal over immovable property, finding no valid acceptance and no valid exercise through another company.
Esterhuysen v JE Enviro Services CC Abattoir (A275/2010) [2011] ZAFSHC 54 (10 March 2011)
The High Court held that the respondent failed to prove a personal contract with the appellant, so the appeal succeeded and the claim was dismissed with costs.
Jonker en Anders v Van der Watt en Anders, In re: Jonker en Anders v Van der Watt en Anders (3223/2010, 1758/2010) [2010] ZAFSHC 92 (12 August 2010)
The High Court confirmed an interim interdict restraining the first respondent’s conduct around a disputed diesel depot and ordered him to pay costs.
Boerboonfontein BK v La Grange NO and Another (A409/09) [2010] ZAWCHC 81; 2011 (1) SA 58 (WCC) (15 April 2010)
The court held that the institution of eviction proceedings by the close corporation was not properly authorised. The surviving member, Van Tonder, could not unilaterally represent the corporation in litigation without the participation of the executor representing the deceased member's estate. Section 29(3)(e) of the Close Corporations Act entitles such a representative to act as if they were a member, including attending meetings and exercising voting rights. Decisions of the corporation must be made by a majority of votes at a properly convened meeting, and the executor was not afforded th…
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Matrotech Engineering CC v Westingcorp Power Industries (Pty) Ltd (20149/2005) [2007] ZAGPHC 95 (6 June 2007)
The High Court found that Matrotech had a binding contract with Westingcorp, not merely its Zambian office, and awarded the unpaid contract balance with interest and costs.
African Bank Limited v Letshabamang Business Enterprises cc h/a Bheki Konstruksie and Another (590/2005, 672/2005) [2005] ZAFSHC 119 (10 May 2005)
The court upheld an urgent application, removed the applicant’s name from a Rule 45(12)(a) notice, and dismissed a counter-application for discovery.
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