South Africa Case Law

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024)

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024) [2025] ZAECMHC 32 (6 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4233/2024

Judge

JGA Laing

The defendant failed to disclose sufficient facts to establish a bona fide defence to the plaintiff's claim for cancellation and eviction. The lease agreement clearly places responsibility for zoning and permits on the defendant, and contains explicit clauses excluding the landlord's liability for fitness for purpose and waiving any relaxation of rights. The defendant's allegations regarding zoning and public policy are inadequately pleaded and unsupported by material facts. There is no evidence of unequal bargaining power or infringement of constitutional values that would render the no-warr…

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• Lease Agreement
• Summary Judgment
• Contractual Waiver
• Public Policy In Contract
• Zoning And Land Use
• Counterclaim For Damages

Montcommerce v Murray and Roberts Limited (020727/2023)

Montcommerce v Murray and Roberts Limited (020727/2023) [2024] ZAGPJHC 402 (12 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

020727/2023

Judge

Maier-Frawley

The High Court dismissed a defendant’s application for security for costs, holding that foreign peregrinus status alone is not enough without a factual basis for inability to pay.

• Security For Costs
• Peregrinus Company
• Service Level Agreement
• Retention Money
• Counterclaim For Damages
• Security-for-costs

Engen Petroleum Limited v Kebrascan (Pty) Ltd t/a Engen Market Gateway and Others (2022/18287)

Engen Petroleum Limited v Kebrascan (Pty) Ltd t/a Engen Market Gateway and Others (2022/18287) [2023] ZAGPJHC 603 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/18287

Judge

D I Berger

The court awarded Engen R4,158,071.10 for unpaid fuel and charges, held two sureties liable, and granted absolution from the instance on the counterclaim.

• Suretyship Liability
• Sale Of Goods
• Lease Agreement
• Counterclaim For Damages
• Certificate Of Balance
• Interest Rate Dispute

Standard Bank of South Africa Ltd v Gwasai and Another (7916/2021)

Standard Bank of South Africa Ltd v Gwasai and Another (7916/2021) [2023] ZAGPJHC 61 (27 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

7916/2021

Judge

E F Dippenaar

The High Court granted Standard Bank judgment, declared the Kyalami property specially executable, and dismissed the second respondent’s counterclaims and interdict.

• Mortgage Bond Enforcement
• Specific Executability
• Counterclaim For Damages
• Final Interdict
• National Credit Act Compliance
• Sale Of Immovable Property

Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427)

Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427) [2021] ZAGPJHC 836 (20 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/32427

Judge

Machaba

Summary judgment was granted for unpaid certified construction invoices. The court held the certificates were liquid documents and rejected the respondent’s defence and counterclaim.

• Summary Judgment
• Liquid Document
• Construction Contract
• Jbcc Principal Building Agreement
• Penalty Clause
• Counterclaim For Damages

Matumi Homeowners Association v Mosima and Another (3233/18)

Matumi Homeowners Association v Mosima and Another (3233/18) [2020] ZAGPPHC 56 (25 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

3233/18

Judge

Ranchod

The court found that the respondents had failed to pay levies, resulting in a valid judgment debt. The Sheriff was unable to recover sufficient disposable property to satisfy the debt, constituting an act of insolvency under section 8(b) of the Insolvency Act. The respondents' arguments regarding sufficient assets were not supported by payment of the debt. The points in limine of lis pendens and res judicata were dismissed as the Magistrate's Court application had been withdrawn and no final judgment existed on the counterclaim. The counter-application for damages was dismissed due to non-joi…

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• Sequestration
• Act Of Insolvency
• Levy Arrears
• Counterclaim For Damages
• Non Joinder
• Default Judgment

Rees-Gibbs and Another v Zikhali and Another (39681/ 2017)

Rees-Gibbs and Another v Zikhali and Another (39681/ 2017) [2018] ZAGPJHC 557 (11 October 2018)

Court

South Gauteng High Court, Johannesburg

Case number

39681/ 2017

Judge

B A Mashile

The court granted an eviction order under PIE after finding the occupants were unlawful and had no valid defence; their damages counterclaim was dismissed.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Counterclaim For Damages
• Pie-act
• Eviction

Real People (Pty) Ltd v Lanissa Traders Holdings (Pty) Ltd (58989/2012)

Real People (Pty) Ltd v Lanissa Traders Holdings (Pty) Ltd (58989/2012) [2015] ZAGPPHC 797 (1 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

58989/2012

Judge

Msimeki

High Court judgment enforcing an acknowledgement of debt for a loan used to pay an insurance premium, and dismissing defences of simulation, misrepresentation and enrichment.

• Acknowledgement Of Debt
• Loan Agreement
• Misrepresentation
• Simulated Transaction
• Condictio Indebiti
• Counterclaim For Damages

Gap Merchant Recycling CC v Goal Reach Trading 55 CC (2480/2014)

Gap Merchant Recycling CC v Goal Reach Trading 55 CC (2480/2014) [2014] ZAWCHC 53; 2016 (1) SA 261 (WCC) (15 April 2014)

Court

Western Cape High Court, Cape Town

Case number

2480/2014

Judge

Rogers

Opposed provisional liquidation application granted after the court found no bona fide, reasonable dispute of the debt and no sufficient counterclaim.

• Provisional Liquidation
• Close Corporations Act
• Bona Fide Dispute
• Counterclaim For Damages
• Commercial Insolvency
• Provisional-liquidation

Leeuwinplase (Pty) Ltd t/a Leeuwin Plase v Die Vier Winden Property Holdings (Pty) Ltd (6796/12)

Leeuwinplase (Pty) Ltd t/a Leeuwin Plase v Die Vier Winden Property Holdings (Pty) Ltd (6796/12) [2012] ZAWCHC 250 (1 January 2012)

Court

Western Cape High Court, Cape Town

Case number

6796/12

Judge

LM Olivier

The Court held that the earlier provisional sentence judgment became final due to Defendant's failure to deliver notice of intention to enter into the principal case or apply for an extension, as required by Rule 8(10) and (11). Issue estoppel was not applicable in the circumstances, as it would be unjust to apply it without Defendant having had an opportunity to respond or seek rescission. Defendant's defences based on misrepresentation, tacit terms, and counterclaim for damages were rejected. The silage agreement was found to be separate and not linked to the sale agreement, and no breach o…

Source excerpt

• Provisional Sentence
• Issue Estoppel
• Counterclaim For Damages
• Misrepresentation
• Tacit Terms
• Breach Of Contract