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South Africa decisions
Decisions matching the current search
Hei Way Supply (Pty) Ltd v Simons (6314/19P) [2021] ZAKZPHC 94 (16 November 2021)
Summary judgment was granted against a surety on a credit account. The court held the suretyship was not limited by the blank credit limit and rejected prejudice-based defences.
Ferrero Inthemba RSA Proprietary Limited v Hlubi National Proprietary Limited (1949/2019) [2019] ZAGPJHC 302 (16 August 2019)
The High Court granted summary judgment for the applicant after finding the respondent had not disclosed a bona fide defence to the claim for payment under a distribution agreement.
Chemfit Fine Chemicals (Pty) Ltd t.a SA Premix v Maake and Others (5772/2016) [2017] ZALMPPHC 27 (1 September 2017)
The High Court held company directors personally liable under section 218(2) for damages after trading under insolvent circumstances and seeking further credit.
Dodo Traders CC v Standard Bank of South Africa: Vehicle and Asset Finance Division (6540/2015) [2016] ZAGPPHC 1081 (14 December 2016)
The High Court rescinded a default judgment after finding the applicant gave a reasonable explanation for default and disclosed a prima facie defence.
Kilburn v Tuning Fork (Pty) Ltd (211/2014) [2015] ZASCA 53; 2015 (6) SA 244 (SCA) (27 March 2015)
The SCA held that the suretyship was limited to debts from Tuning Fork’s After Market Products division, so Kilburn was not liable for Yamaha division debt.
Mega Freight Services (Pty) Ltd v Lombard Insurance Company Ltd and Another (82743/2014) [2015] ZAGPPHC 332 (23 March 2015)
The court found that the guarantee issued by the first respondent was intended only to secure the applicant's increased credit facility for account 12554 and not the indebtedness of the applicant's principal under the Tariff Annexure Agreement. The Deed of Suretyship did not incorporate the Tariff Annexure Agreement as an annexure, nor did it form part of the suretyship. Any evidence at variance with the express terms of the Deed of Suretyship was inadmissible. The applicant, as agent for a disclosed principal, was not liable for the principal's obligations under the Tariff Annexure Agreement…
Source excerpt
Bright Ideas Projects 249 CC v Sanker and Others (9258/2009) [2014] ZAKZPHC 48 (19 September 2014)
The court held three defendants jointly liable for a diesel debt, finding the plaintiff was led to believe it contracted with a partnership, not a company.
Engen Petroleum Limited v Van Loggerenberg N.O. and Another (A110/13) [2014] ZAFSHC 130 (14 August 2014)
The court found a tacit relocation of a diesel credit agreement, held the Trust indebted to Engen, and confirmed provisional sequestration.
Eden Court Holdings (Pty) Ltd v Khan (3918/12) [2012] ZAWCHC 383 (7 December 2012)
The High Court refused summary judgment, finding the defendant had raised bona fide defences about the loan agreement, the NCA, and whether the parties dealt at arm’s length.
Meer Hardware CC v Nedbank Limited and Others (7321/06) [2008] ZAKZHC 39 (11 June 2008)
The High Court held Nedbank liable in principle for negligent misrepresentation after letters induced Meer Hardware to resume supplying Ndosi Builders on credit.
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