South Africa Case Law

Aveng Africa (Pty) Ltd v Chiedza (2023/014909)

Aveng Africa (Pty) Ltd v Chiedza (2023/014909) [2024] ZAGPPHC 1178 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/014909

Judge

SA Thobane

The court found that the respondent's liability as surety was not discharged by the sale of his shareholding in the principal debtor. The judgment debt was obtained against the respondent in his personal capacity and remains unchallenged. The respondent committed an act of insolvency by failing to satisfy the judgment debt and failing to indicate disposable property to the sheriff, resulting in a nulla bona return. The respondent's arguments regarding the transfer of liability and alleged solvency were rejected as legally unfounded and unsupported by the facts. The court held that the require…

Source excerpt

• Final Sequestration
• Suretyship Liability
• Acts Of Insolvency
• Provisional Sequestration
• Debt Recovery

Bodyshop Equipment Solutions (Pty) v Pride Autobody Worx (Pty) Ltd and Another (032661-2023)

Bodyshop Equipment Solutions (Pty) v Pride Autobody Worx (Pty) Ltd and Another (032661-2023) [2024] ZAGPJHC 217 (4 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

032661/2023

Judge

M A Makume

The High Court granted judgment for debt recovery and suretyship claims, rejecting a hearsay-based defence and finding no genuine dispute of fact.

• Suretyship
• Credit Provider Liability
• Debt Recovery
• Hearsay Evidence
• Dispute Of Fact
• Debt-recovery

Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187)

Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/58187

Judge

GC Wright

The High Court granted default judgment for a debt claim and authorised execution against the respondent’s immovable property after no defence was disclosed.

• Default Judgment
• Execution Against Immovable Property
• Debt Recovery
• Default-judgment
• Execution-against-immovable-property
• Debt-recovery

Tayob N.O and Another v Public Investment Corporation (PIC) and Another (61684/21)

Tayob N.O and Another v Public Investment Corporation (PIC) and Another (61684/21) [2022] ZAGPPHC 753 (6 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

61684/21

Judge

Ndlokovane

The High Court upheld an exception to amended particulars of claim seeking repayment of funds allegedly held in a special restricted account.

• Exception Procedure
• Special Restricted Account
• Ministerial Discretion
• Currency And Exchanges Act
• Debt Recovery
• Exception-procedure

Nedbank Limited v Stopforth and Others (7991/2017)

Nedbank Limited v Stopforth and Others (7991/2017) [2019] ZALMPPHC 35 (1 August 2019)

Court

Limpopo High Court, Polokwane

Case number

7991/2017

Judge

MG Phatudi

The court held that R800,000 paid under a settlement deed was not full and final settlement of the defendants’ debt, and granted Nedbank judgment.

• Suretyship
• Settlement Agreements
• Parole Evidence Rule
• Debt Recovery
• Contract Interpretation
• Parole-evidence-rule

Absa Bank Ltd v Mabonga and Another (21201/12)

Absa Bank Ltd v Mabonga and Another (21201/12) [2013] ZAGPPHC 131 (24 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

21201/12

Judge

Ebersohn

The court granted ABSA summary judgment for an outstanding mortgage debt, declared the bonded property executable, and awarded attorney-and-client costs.

• Summary Judgment
• Mortgage Bond Enforcement
• Debt Recovery
• National Credit Act Compliance
• Sale In Execution
• Attorney And Client Costs