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South Africa decisions
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Firstrand Bank Limited v Keliana Group and Another (5098/2022) [2024] ZAGPJHC 742 (31 July 2024)
The High Court granted FirstRand Bank’s final winding-up application against Keliana Group after finding the company unable to pay its debts.
Bloem and Another v NWK Limited (750/2021) [2024] ZANWHC 83 (20 March 2024)
The High Court dismissed a Rule 30 application challenging NWK’s default-judgment step, holding the complaints were not irregular proceedings and costs followed.
Actisol 145 CC v Seryt Tyres (Pty) Ltd and Another (48908/2017) [2024] ZAGPJHC 12 (4 January 2024)
The High Court held that a surety who signed as co-principal debtor was liable for the full outstanding debt, not just the initial R200,000 credit limit.
Waco Africa (Pty) Limited t/a Form Scaff v Phakama Scaffolding (Pty) Ltd (34165/20) [2022] ZAGPPHC 97 (11 February 2022)
The court found that material disputes of fact exist regarding both the amount of indebtedness and the nature of the contractual relationship between the parties. The respondent presented evidence of substantial payments and argued that the contracts were governed by separate oral agreements, not solely the master agreement. The court held that these disputes are bona fide and reasonable, going to the root of the merits of the liquidation application. As such, the application for winding up cannot be resolved on the papers and is not appropriate where the debt is genuinely disputed. The court…
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Peri Formwork Scaffolding Engineering (Pty) Ltd v Epsilon Developments (Pty) Ltd (2127/2019) [2021] ZAGPJHC 833 (14 December 2021)
The court upheld an exception to part of a counterclaim for repayment of allegedly mistaken rental payments, but dismissed the exception to a second part.
Nedbank Limited v Braganza Pretorius Beleggings (Pty) Ltd and Others (8343/2020) [2020] ZAWCHC 170 (1 December 2020)
The court found that the annexures to the summons served upon the defendants were incomplete and that the defendants' plea was based on these incomplete documents. The plaintiff failed to remedy this defect by attaching the complete documents in the summary judgment application, only doing so in reply to the Rule 46A application. The court held that the plaintiff's claim was not clearly established and that the technical defects in the pleadings and supporting documents were material. As a result, the defendants were not precluded from raising a bona fide defence, and the summary judgment app…
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Botes v Sandvik Mining RSA (Pty) Ltd (CA&R47/2019) [2020] ZANCHC 29 (12 June 2020)
The court held that the deed of suretyship signed by the appellant was valid and enforceable, as it complied with section 6 of the General Law Amendment Act by embodying all terms in a written document signed by the surety. The court found that the document was not a joint suretyship requiring signatures from all directors, and the absence of other signatures did not invalidate the agreement. Written consent to the jurisdiction of the magistrate's court was established through clause 8 of the deed of suretyship and clause 15 of the credit application, both signed by the appellant. The court a…
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First Rand Bank Ltd v Du Plessis (82121/2018) [2019] ZAGPPHC 454 (27 August 2019)
The court found that the respondent failed to pay the required monthly installments under the Credit Facility Agreement, resulting in arrears and breach of contract. The interim arrangement to pay a reduced installment was an indulgence and not a valid amendment, as no written and signed variation existed per the non-variation clause. The respondent's claim that the matter was pending before the Ombudsman was unsupported by evidence; the Ombudsman had closed its file and advised the respondent accordingly. Claims of excessive interest and lack of arrears were unsubstantiated, with no admissib…
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Firstrand Bank Limited v Schultz NO and Others (6355/2018) [2019] ZAFSHC 125 (25 July 2019)
The High Court refused summary judgment, finding the bank’s summons insufficiently particularised and the claimed amounts not clearly liquidated.
Firstrand Bank Limited v Karis Boerdery and Others (2085/2018) [2019] ZAFSHC 4 (14 February 2019)
The court found that the credit facility agreement and deed of suretyship were valid and enforceable. Clause 4.7, though ambiguous, must be interpreted in context, requiring Karis and the Van der Walt group not to obtain external credit without the applicant's written consent. Sarel van der Walt's actions in obtaining finance from Cargill and registering a notarial bond constituted a breach of the agreement. The applicant was entitled to terminate the agreement and claim repayment. The certificate of balance provided by the applicant was accepted as prima facie evidence of the amount due, as…
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