South Africa Case Law

Aircraft Asset Finance Corporation (Pty) Limited v Deymine (Pty) Limited and Others (114305/2023)

Aircraft Asset Finance Corporation (Pty) Limited v Deymine (Pty) Limited and Others (114305/2023) [2025] ZAGPJHC 125 (12 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

114305/2023

Judge

Senyatsi

The court found that the respondents, by executing the deeds of suretyship, bound themselves as co-principal debtors for the first respondent's obligations under the master lease agreements. The respondents' defences were rejected as they failed to provide sufficient factual detail to establish a bona fide dispute regarding the amount claimed, and their denial was considered a bare denial. The respondents' argument that they did not intend to be bound by the deeds of surety was dismissed, as South African law holds that a person who signs a contract is bound by its terms unless fraud or misre…

Source excerpt

• Suretyship
• Enforcement Of Debt
• Waiver Of Exceptions
• Authority To Institute Proceedings
• Company Liquidation

Business Partners Ltd v Horner-Sikenqe and Others (1481/2024)

Business Partners Ltd v Horner-Sikenqe and Others (1481/2024) [2024] ZAECMKHC 99 (20 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1481/2024

Judge

B.B. Brody

The High Court granted default judgment against a surety who admitted no valid defence and merely sought time to privately sell property to avoid a sheriff’s sale.

• Suretyship
• Default Judgment
• Joint And Several Liability
• Enforcement Of Debt
• Default-judgment
• Joint-and-several-liability

Bodyshop Equipment Solutions (Pty) Ltd v Devilliers En Nagel (Pty) Ltd t/a West Rand Panel Beaters and Another (032786-2023)

Bodyshop Equipment Solutions (Pty) Ltd v Devilliers En Nagel (Pty) Ltd t/a West Rand Panel Beaters and Another (032786-2023) [2024] ZAGPJHC 215 (4 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

032786/2023

Judge

M A Makume

The High Court granted judgment for a financier against a panel-beating business and its surety, rejecting disputes of fact and enforcing the suretyship.

• Suretyship
• Enforcement Of Debt
• Summary Judgment
• National Credit Act Compliance
• Debt-enforcement
• Motion-proceedings

Growthpoint Properties Ltd v Makhonya Technologies (Pty) Ltd and Others (67029/2011)

Growthpoint Properties Ltd v Makhonya Technologies (Pty) Ltd and Others (67029/2011) [2013] ZAGPPHC 43 (12 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

67029/2011

Judge

Van der Byl

The court held that its jurisdiction to make a settlement agreement an order of court is not dependent on the existence of pending proceedings or on provisions in the Rules. The High Court's inherent jurisdiction and section 19 of the Supreme Court Act, 1959, empower it to determine any existing right or obligation at the instance of an interested party. The settlement agreement resolved a prior dispute and confirmed an existing debt, and the parties expressly agreed that it could be made an order of court. The absence of litigation prior to the agreement does not preclude the court from gran…

Source excerpt

• Settlement Agreement
• Enforcement Of Debt
• Inherent Jurisdiction
• Confirmation Of Existing Debt

ABSA Bank Limited v Wernich (665/2004)

ABSA Bank Limited v Wernich (665/2004) [2008] ZANCHC 47 (23 May 2008)

Court

Northern Cape High Court, Kimberley

Case number

665/2004

Judge

C J Olivier

The High Court found no binding settlement agreement and granted ABSA judgment for the outstanding debt, interest from 5 November 2007, and costs on an attorney-and-own-client scale.

• Suretyship
• Settlement Agreement
• Enforcement Of Debt
• Costs Award
• Settlement-agreement
• Civil-procedure