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South Africa decisions
Decisions matching the current search
Genfin (Pty) Ltd v Milne and Another (2023/114416) [2025] ZAGPJHC 419 (22 April 2025)
The High Court granted provisional sequestration of the respondents’ joint estate, finding acts of insolvency and that sequestration would benefit creditors.
Preference Capital (Pty) Ltd v Hunter (12954/23) [2025] ZAWCHC 17 (20 January 2025)
The High Court refused summary judgment after finding the respondent raised a bona fide defence based on disputed signature and alleged misrepresentation.
Santam Limited v Shikita Trading (Pty) Ltd and Others (35287/2017) [2024] ZAGPJHC 892 (5 September 2024)
High Court judgment enforcing a suretyship and indemnity for a guarantee claim, rejecting res judicata and NCA-based defences and granting judgment with interest and costs.
Goosebay Farm (Pty) Ltd v Icon Civil Engineering (Pty) Ltd and Another (2473/2020) [2022] ZAGPJHC 193 (4 February 2022)
The High Court dismissed an exception to a claim against a director, holding that whether the agreement was guarantee or suretyship must be decided at trial.
GBS Mutual Bank v Flighting Boyz Outdoor CC and Another (29946/2016) [2019] ZAGPPHC 297 (12 July 2019)
The High Court awarded arrear rentals under a master rental agreement but refused liquidated damages because the plaintiff failed to prove the equipment’s required appraised value.
Garagesure Consultants and Acceptances (Pty) Ltd v Shamah Filling Station t/a Total Oranjesig and Another (4129/2016) [2018] ZAFSHC 102 (19 June 2018)
The High Court refused absolution from the instance and granted judgment for R500,000, holding the plaintiff had proved the suretyship claim and the defendants had led no rebuttal.
Oelofse v Prokureurs (A706/2012) [2015] ZAGPPHC 963 (13 November 2015)
High Court appeal on whether a guarantee letter was unconditional and enforceable, and whether it had been withdrawn or novated. The appeal succeeded.
Lewis v First Rand Bank (4002/2011) [2012] ZAWCHC 321 (21 September 2012)
The court rescinded a summary judgment after finding that an email from the bank’s representative was ambiguous and could reasonably have been read as granting a short extension.
ABSA Bank Limited v Zurich Risk Financing SA Limited (09/26823) [2009] ZAGPJHC 85 (18 November 2009)
The High Court held Zurich liable on a guarantee signed by Fusion on Zurich’s behalf, ordering payment of R50 million, interest, and costs.
De Swardt v House of Trucks (Edms) Bpk (143/05) [2006] ZASCA 32; [2006] SCA 33 (RSA) (27 March 2006)
The Supreme Court of Appeal found an oral contract to build fuel tankers and held that a one-year guarantee allowed recovery of damages flowing from breach.
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