South Africa Case Law

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022)

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022) [2025] ZALMPPHC 151 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2024

Judges

Bresler AJ, Ngobeni J, Mangena AJ

The court found that the dispute regarding the calculation of the outstanding balance under the loan agreement was genuine and material, as the required monthly reconciliation and sign-off by both parties had not occurred. The respondent's reliance on a certificate of balance was insufficient to establish the claim on a balance of probabilities, given the lack of compliance with the prescribed methodology and the omission of branding costs. The matter was not suitable for determination on affidavit, and the application procedure was inappropriate in the circumstances. The court held that the…

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• Motion Proceedings
• Loan Agreement Dispute
• Quantification Of Claim
• Genuine Dispute Of Fact
• Referral To Trial

Boplaas 1743 Landgoed (Pty) Ltd v Julies and Others (Leave to Appeal) (LCC151/2022)

Boplaas 1743 Landgoed (Pty) Ltd v Julies and Others (Leave to Appeal) (LCC151/2022) [2025] ZALCC 7 (6 January 2025)

Court

Land Claims Court

Case number

LCC 151/2022

Judge

Flatela

The court found that the applicant failed to demonstrate that the appeal would have a reasonable prospect of success or that there was any compelling reason for leave to appeal. The disputes of fact raised by the respondents were genuine and material, and could not be resolved on the papers. The court applied the Plascon-Evans principle, holding that in motion proceedings, the applicant must accept the respondent's version unless it is clearly untenable. The applicant's submissions regarding common cause facts and alleged breaches did not overcome the threshold for leave to appeal as set out…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Leave To Appeal
• Genuine Dispute Of Fact
• Motion Proceedings

Daly and Others v Hartog and Another (32975/2018)

Daly and Others v Hartog and Another (32975/2018) [2021] ZAGPJHC 674 (5 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

32975/2018

Judge

MMP Mdalana-Mayisela

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal Threshold
• Genuine Dispute Of Fact
• Fic Act Compliance
• Costs Award
• Leave-to-appeal
• Dispute-of-fact

Johannes v Christensen N.O. and Others (CIV APP FB 13/2019)

Johannes v Christensen N.O. and Others (CIV APP FB 13/2019) [2021] ZANWHC 26 (19 August 2021)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 13/2019

Judges

R D Hendricks, S F Gura, A H Petersen

The Full Bench upheld an appeal on prescription and a disputed compromise, set aside the order below, and remitted the matter for oral evidence or trial.

• Prescription Of Debt
• Compromise Agreement
• Genuine Dispute Of Fact
• Business Rescue
• Liquidation
• Loan Account Liability

Pro-Care Contracting (Pty) Ltd v ISA & Partners (Pty) Ltd (285/2019)

Pro-Care Contracting (Pty) Ltd v ISA & Partners (Pty) Ltd (285/2019) [2021] ZAFSHC 17 (28 January 2021)

Court

Free State High Court, Bloemfontein

Case number

285/2019

Judge

C Reinders

The court found that the respondent's version regarding the validity and process of issuing payment certificates was supported by the formal contract between the parties. The disputed certificates did not bear the respondent's letterhead or signature and were not issued in accordance with the agreed process. The applicant's argument that previous certificates were paid without signature did not establish the validity of the disputed certificates. Applying the Plascon-Evans rule, the court could not reject the respondent's version as far-fetched or palpably false. Consequently, the applicant f…

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• Payment Certificates
• Contractual Liability
• Motion Proceedings
• Genuine Dispute Of Fact

Enhanced Innovation Projects (Pty) Ltd v Quantibuild (Pty) Ltd (M19/2016)

Enhanced Innovation Projects (Pty) Ltd v Quantibuild (Pty) Ltd (M19/2016) [2018] ZANWHC 12 (9 February 2018)

Court

North West High Court, Mafikeng

Case number

M19/2016

Judge

Kgoele

The High Court dismissed a subcontractor’s motion for payment, finding genuine disputes of fact about performance, payment certificates, and alleged overpayment.

• Subcontractor Payment Dispute
• Summary Judgment
• Genuine Dispute Of Fact
• Contractual Performance
• Counterclaim
• Costs Order

Schilling N.O v Gao and Another (2015/26685)

Schilling N.O v Gao and Another (2015/26685) [2016] ZAGPJHC 19 (14 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2015/26685

Judge

Crutchfield

High Court eviction under PIE granted against a former life partner occupying estate property; court rejected an alleged accommodation agreement and found no genuine dispute of fact.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Genuine Dispute Of Fact
• Executor Powers
• Pie-eviction

Jamieson and Another v Loderf (Pty) Ltd and Others (A595/2011)

Jamieson and Another v Loderf (Pty) Ltd and Others (A595/2011) [2015] ZAWCHC 18 (20 February 2015)

Court

Western Cape High Court, Cape Town

Case number

A595/2011

Judges

Bozalek, Rogers, Dolamo

The court found that the version advanced by Loderf regarding voluntary surrender of possession was not credible and should have been rejected on the papers. The Jamiesons were entitled to spoliation relief at the time of the application and judgment in the court a quo. However, subsequent sale and transfer of the flats to innocent third parties without notice of the dispute rendered restoration of possession impossible. The spoliation remedy does not extend to innocent third parties who acquire possession in good faith. The court substituted the order of the court a quo with a declaration th…

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• Mandament Van Spolie
• Genuine Dispute Of Fact
• Builder Lien
• Restoration Of Possession
• Res Litigiosa
• Doctrine Of Notice

Easigas (Pty) Ltd v Honeyfields and Another (48206/2012)

Easigas (Pty) Ltd v Honeyfields and Another (48206/2012) [2013] ZAGPPHC 148 (12 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

48206/2012

Judge

E M Kubushi

The court granted Easigas a final interdict, finding no genuine dispute of fact and rejecting the respondents’ explanation about LPG cylinders and delivery.

• Final Interdict
• Ownership Of Goods
• Genuine Dispute Of Fact
• Punitive Costs
• Final-interdict
• Dispute-of-fact

Khalil v New Diamond Corporation Ltd (957/2012)

Khalil v New Diamond Corporation Ltd (957/2012) [2013] ZANCHC 6 (15 March 2013)

Court

Northern Cape High Court, Kimberley

Case number

957/2012

Judge

Olivier

The High Court referred a disputed loan claim to trial after finding genuine disputes of fact about the loan, authority, and repayment evidence.

• Loan Agreement
• Authority Of Company Officers
• Genuine Dispute Of Fact
• Estoppel
• Ultra Vires
• Application Vs Action Procedure