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South Africa Case Law

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Commercial And Corporate [2025] ZAGPJHC 111

Jaltech Structuring (Pty) Ltd v Impact Empowerment Ventures (Pty) Ltd (031028/2023; 031035/2023)

Jaltech Structuring (Pty) Ltd v Impact Empowerment Ventures (Pty) Ltd (031028/2023; 031035/2023) [2025] ZAGPJHC 111 (10 February 2025)

Court
South Gauteng High Court, Johannesburg
Case number
031028/2023; 031035/2023
Judge
T E Joyini

High Court winding-up judgment granting final liquidation of two related respondent companies after finding an admitted debt, commercial insolvency, and no bona fide dispute.

  • Company Liquidation
  • Commercial Insolvency
  • Settlement Agreement
  • Disputed Debt
  • Bona Fide Dispute
  • Costs In Liquidation
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Commercial And Corporate [2024] ZAGPJHC 734

Washiriki 3 Oaks (Pty) Limited v Akani Properties (Pty) Limited (013873/2022)

Washiriki 3 Oaks (Pty) Limited v Akani Properties (Pty) Limited (013873/2022) [2024] ZAGPJHC 734 (14 August 2024)

Court
South Gauteng High Court, Johannesburg
Case number
013873/2022
Judge
Wepener

The High Court dismissed a winding-up application, finding the debt was genuinely disputed and the respondent’s ring-fenced funds weighed against insolvency.

  • Winding Up Of Company
  • Deemed Insolvency
  • Disputed Debt
  • Security For Debt
  • Winding-up
  • Deemed-insolvency
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Civil Procedure [2023] ZAGPPHC 1954

Unified Payroll Limited v Just Patience (Pty) Ltd (054604/2022)

Unified Payroll Limited v Just Patience (Pty) Ltd (054604/2022) [2023] ZAGPPHC 1954 (23 November 2023)

Court
North Gauteng High Court, Pretoria
Case number
054604/2022
Judge
Makhoba

The High Court dismissed a winding-up application after finding the respondent’s alleged debt was genuinely disputed on bona fide and reasonable grounds.

  • Winding Up Proceedings
  • Condictio Furtiva
  • Aquilian Action
  • Commercial Insolvency
  • Locus Standi
  • Disputed Debt
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Commercial And Corporate [2023] ZAGPJHC 598

Nobilatus Projects 23 (Pty) Limited v Improfin (Pty) Limited (20272/2021)

Nobilatus Projects 23 (Pty) Limited v Improfin (Pty) Limited (20272/2021) [2023] ZAGPJHC 598 (30 May 2023)

Court
South Gauteng High Court, Johannesburg
Case number
20272/2021
Judge
Dlamini

The High Court dismissed a liquidation application because the debt was disputed on bona fide grounds and the issues could not be decided on affidavit.

  • Company Liquidation
  • Disputed Debt
  • Prescription
  • Locus Standi
  • Material Dispute Of Fact
  • Company-liquidation
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Commercial And Corporate [2022] ZAGPJHC 874

TN Molefe Construction (PTY) Ltd v SOKI (PTY) Ltd T/A SCM Construction (PTY) Ltd (44310/2021)

TN Molefe Construction (PTY) Ltd v SOKI (PTY) Ltd T/A SCM Construction (PTY) Ltd (44310/2021) [2022] ZAGPJHC 874 (7 November 2022)

Court
South Gauteng High Court, Johannesburg
Case number
44310/2021
Judge
Mahomed

The court found that the respondent was unable to pay its debts as contemplated by section 344(f) read with section 345(1)(c) of the Companies Act 61 of 1973. The respondent's own correspondence, including a reconciliation statement and payment proposal based on future cash flow, constituted an admission of liability and inability to pay debts as they fell due. The respondent's alleged disputes regarding defective work and breach of contract were raised only in the answering papers and were not supported by evidence, such as a notice of breach or a list of defects. The court held that these d…

Source excerpt

  • Company Winding Up
  • Commercial Insolvency
  • Disputed Debt
  • Prima Facie Case
  • Legal Privilege Exception
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Commercial And Corporate [2022] ZAKZDHC 25

Albaraka Bank Limited v Cecita CC (8771/2020)

Albaraka Bank Limited v Cecita CC (8771/2020) [2022] ZAKZDHC 25 (15 June 2022)

Court
Kwazulu-Natal High Court, Durban
Case number
8771/2020
Judge
Masipa

High Court dismissed a bank’s winding-up application against a close corporation, finding the debt was bona fide disputed and the application an abuse of process.

  • Winding Up Of Close Corporations
  • Disputed Debt
  • Abuse Of Process
  • Appropriation Of Payments
  • Winding-up-of-close-corporations
  • Disputed-debt
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Banking And Finance [2022] ZAGPJHC 387

FirstRand Bank Limited v Da Silva (17/32539)

FirstRand Bank Limited v Da Silva (17/32539) [2022] ZAGPJHC 387 (10 June 2022)

Court
South Gauteng High Court, Johannesburg
Case number
17/32539
Judge
Mudau

The applicant established a prima facie case for the provisional sequestration of the respondent by demonstrating that the respondent is indebted to the applicant under a written suretyship agreement and that his liabilities substantially exceed his assets. The respondent failed to provide credible evidence disputing his indebtedness or demonstrating solvency. The court found that the deponent to the founding affidavit was duly authorised and possessed the requisite knowledge. Statutory service requirements were satisfied, as the applicant took reasonable steps to serve employees and made the…

Source excerpt

  • Suretyship Liability
  • Provisional Sequestration
  • Advantage To Creditors
  • National Credit Act Exclusion
  • Service Requirements
  • Disputed Debt
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Commercial And Corporate [2022] ZAGPJHC 241

Voltex (Pty) Limited t/a Atlas Group v Resilient Rock (Pty) Limited (2021/29872)

Voltex (Pty) Limited t/a Atlas Group v Resilient Rock (Pty) Limited (2021/29872) [2022] ZAGPJHC 241 (26 April 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2021/29872
Judge
VM Movshovich

The High Court dismissed a winding-up application, holding that the alleged debt was bona fide disputed and that commercial insolvency was not proved.

  • Winding Up
  • Commercial Insolvency
  • Disputed Debt
  • Credit Agreements
  • Winding-up
  • Commercial-insolvency
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Commercial And Corporate [2022] ZAGPPHC 115

Marcus M Farming CC v Eagles Valley Poultry (Pty) Ltd (28604/21)

Marcus M Farming CC v Eagles Valley Poultry (Pty) Ltd (28604/21) [2022] ZAGPPHC 115 (17 February 2022)

Court
North Gauteng High Court, Pretoria
Case number
28604/21
Judge
Lazarus

The court dismissed a winding-up application because the debt was disputed on reasonable, bona fide grounds and the respondent was shown to be solvent.

  • Winding Up
  • Commercial Insolvency
  • Disputed Debt
  • Punitive Costs
  • De Bonis Propriis Costs
  • Winding-up
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Commercial And Corporate [2020] ZAGPJHC 288

Rooplal NO v Firmanox Proprietary Limited (43508/2019)

Rooplal NO v Firmanox Proprietary Limited (43508/2019) [2020] ZAGPJHC 288 (20 November 2020)

Court
South Gauteng High Court, Johannesburg
Case number
43508/2019
Judge
P.A. Meyer

The High Court granted a final winding-up order against Firmanox after finding VBS Mutual Bank was a creditor and Firmanox’s dispute was not reasonable.

  • Company Liquidation
  • Creditor Status
  • Disputed Debt
  • Winding Up Order
  • Companies Act 1973
  • Plascon Evans Rule
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.