South Africa Case Law

Umzinyathi District Municipality v Fusion Guarantees (Pty) Ltd (23247/2019)

Umzinyathi District Municipality v Fusion Guarantees (Pty) Ltd (23247/2019) [2025] ZAGPJHC 754 (22 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

23247/2019

Judge

De Souza-Spagnolettei

The High Court held that a performance guarantee was autonomous and enforceable on the plaintiff’s written demand, ordering the defendant to pay the guaranteed sum, interest, and costs.

• Performance Guarantee
• Autonomy Of Guarantee
• Contractual Liability
• Demand For Payment
• Performance-guarantee
• Autonomy-of-guarantee

Trade First 2124 CC v ENM Trading CC (3133/2019)

Trade First 2124 CC v ENM Trading CC (3133/2019) [2019] ZAFSHC 201 (31 October 2019)

Court

Free State High Court, Bloemfontein

Case number

3133/2019

Judge

P.J. Loubser

The High Court dismissed an application to provisionally liquidate ENM Trading CC, finding that liquidation was not just and equitable in the circumstances.

• Provisional Liquidation
• Just And Equitable Winding Up
• Demand For Payment
• Company Debt
• Variation Orders
• Provisional-liquidation

Combined Developers v Arun Holdings and Others (6105/2013)

Combined Developers v Arun Holdings and Others (6105/2013) [2013] ZAWCHC 132; 2015 (3) SA 215 (WCC) (5 August 2013)

Court

Western Cape High Court, Cape Town

Case number

6105/2013

Judge

Davis

The court found that the email sent by the applicant did not constitute a valid written demand as required by clause 7.2 of the loan agreement. The communication was ambiguous and did not specify the exact amount of mora interest due, nor did it meet the peremptory standard required for a demand. The court further held that even if the applicant's strict interpretation of clause 7.2 were correct, enforcing the acceleration clause for non-payment of a trivial amount would be contrary to public policy as informed by constitutional values of good faith and reasonableness. The applicant's case th…

Source excerpt

• Loan Agreement Enforcement
• Acceleration Clause
• Public Policy In Contract
• Demand For Payment
• Mora Interest