South Africa Case Law

African Banking Corporation of Zambia Limited and Others v Mapula Solutions (Pty) Ltd (33936/2016)

African Banking Corporation of Zambia Limited and Others v Mapula Solutions (Pty) Ltd (33936/2016) [2024] ZAGPJHC 249 (11 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

33936/2016

Judge

M Victor

The High Court dismissed an application for leave to appeal against a damages judgment, finding no reasonable prospects of success and awarding costs.

• Leave To Appeal Threshold
• Debt Rescheduling Agreement
• Causation
• Locus Standi
• Reflective Loss
• Quantification Of Damages

Blue Financial Services Limited and Another v Standard Chartered Bank Johannesburg Branch (20442/2014)

Blue Financial Services Limited and Another v Standard Chartered Bank Johannesburg Branch (20442/2014) [2020] ZAGPJHC 331 (11 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

20442/2014

Judges

Vally, Bhoola, Twala

The High Court dismissed Blue Financial Services’ appeal and a postponement bid, holding that the DRA required interest payments, CCR disclosure, and debtors’ book access.

• Term Loan Agreement
• Debt Rescheduling Agreement
• Interest Claim
• Country Cover Ratio
• Access To Debtors Book
• Contract-interpretation

Mapula Solutions (Pty) Ltd v African Banking Corporation of Zambia Limited and Others (33936/2016)

Mapula Solutions (Pty) Ltd v African Banking Corporation of Zambia Limited and Others (33936/2016) [2018] ZAGPJHC 651 (12 December 2018)

Court

South Gauteng High Court, Johannesburg

Case number

33936/2016

Judge

M Tsoka

The court held that the finding by Weiner J regarding irregular service of summons in the rescission application was interlocutory and did not finally dispose of any substantive issue in the main action. Therefore, it does not constitute res judicata or issue estoppel and cannot preclude Mapula Solutions from pursuing its claim. The court further found that it has jurisdiction over all four defendants, including the foreign entities, as the debt rescheduling agreement was concluded in South Africa, governed by South African law, and the factual events giving rise to the claim are common to al…

Source excerpt

• Res Judicata Estoppel
• Jurisdiction Over Peregrini
• Forum Conveniens
• Service Of Process
• Debt Rescheduling Agreement

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited Blue Financial Services and Another (20442/2014)

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited Blue Financial Services and Another (20442/2014) [2018] ZAGPPHC 824 (31 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

20442/2014

Judge

Makume

The court held that the respondents breached a debt rescheduling agreement by failing to pay interest and by not delivering a distribution plan, entitling the bank to payment and security enforcement.

• Debt Rescheduling Agreement
• Certificate Of Indebtedness
• Cession Of Debts
• Guarantee Enforcement
• Interest Payment
• Non Joinder

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited and Another (20442/2014)

Standard Chartered Bank, Johannesburg Branch v Blue Financial Services Limited and Another (20442/2014) [2018] ZAGPJHC 583 (31 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

20442/2014

Judge

M A Makume

The High Court ordered payment of interest and access to security under a debt rescheduling agreement, and rejected a late affidavit alleging fraud.

• Debt Rescheduling Agreement
• Certificate Of Indebtedness
• Cession Of Debt
• Guarantee Enforcement
• Joinder Of Parties
• Interest On Debt