South Africa Case Law

Trencon Construction (Pty) Ltd v Blue Cloud Investments 227 (Pty) Ltd and Others (2255/2024)

Trencon Construction (Pty) Ltd v Blue Cloud Investments 227 (Pty) Ltd and Others (2255/2024) [2025] ZAMPMBHC 27 (14 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2255/2024

Judge

Montsho-Moloisane

The High Court granted judgment on a loan, guarantee, and suretyship claim, finding the debt proved and rejecting the respondents’ bare denials and privilege argument.

• Loan Agreement Enforcement
• Guarantee And Suretyship
• Certificate Of Indebtedness
• Costs Award
• Motion Proceedings
• Privilege And Settlement Negotiations

Standard Bank of South Africa Limited and Another v Mandlakomoya Trade and Projects CC and Another (3788/2023)

Standard Bank of South Africa Limited and Another v Mandlakomoya Trade and Projects CC and Another (3788/2023) [2024] ZAWCHC 322 (18 October 2024)

Court

Western Cape High Court, Cape Town

Case number

3788/2023

Judge

M W Janisch

The court found that the second respondent had expressly waived the benefit of excussion in the suretyship agreements, making her immediately liable as co-principal debtor and guarantor. The liquidation of the principal debtor does not affect the applicants' independent rights to proceed against the surety and guarantor. The circumstances did not fall within any recognised category for granting a stay, such as lis alibi pendens or abuse of process. The fact that the second respondent lost her source of income due to the liquidation was not a sufficient reason to delay the applicants' pursuit…

Source excerpt

• Stay Of Proceedings
• Guarantee And Suretyship
• Waiver Of Excussion
• Liquidation Effect On Surety
• Inherent Jurisdiction

South African Securitisation Programme RF Ltd v Initiative for Specialized Resources Management (Pty) Ltd and Others (2023/045850)

South African Securitisation Programme RF Ltd v Initiative for Specialized Resources Management (Pty) Ltd and Others (2023/045850) [2024] ZAGPJHC 545 (6 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/045850

Judge

N.S. Kruger

The third defendant failed to disclose any bona fide defence to the plaintiff's claim for payment under the guarantee and as co-principal debtor. The alleged illegibility of the Terms of Business annexure does not constitute a triable issue, as the defendant did not request a better copy or plead any substantive defence. The verifying affidavit and certificate of balance comply with Uniform Rule of Court 32(2), as the deponent is authorised and has personal knowledge of the records. The plaintiff's claim is substantiated by comprehensive annexures and particulars of claim. No adequate reasons…

Source excerpt

• Summary Judgment
• Guarantee And Suretyship
• Specific Performance
• Certificate Of Balance
• Uniform Rules Of Court
• Master Rental Agreement

Sunlyn (Pty) Ltd and Others v Smart Drawn Projects (Pty) Ltd and Others (1937/2022)

Sunlyn (Pty) Ltd and Others v Smart Drawn Projects (Pty) Ltd and Others (1937/2022) [2023] ZANWHC 145 (17 August 2023)

Court

North West High Court, Mafikeng

Case number

1937/2022

Judge

A H Petersen

The court found that the defendants' reliance on iustus error was not supported by the facts or law. The agreement and guarantee clearly identified Sunlyn as the contracting party, and the defendants signed these documents without raising any queries, despite being experienced businesspersons. The principle of caveat subscriptor applies, binding the defendants to the terms of the agreement they signed. The alleged mistake regarding the identity of the contracting party was not reasonable or excusable, and there was no evidence of misrepresentation by Sunlyn. Furthermore, the evidence showed t…

Source excerpt

• Summary Judgment
• Caveat Subscriptor
• Iustus Error
• Guarantee And Suretyship
• Contractual Consensus

South African Securitisation Programme (RF) LTD and Others v Cellsecure Monitoring and Response (PTY) Ltd and Others (21647/2021)

South African Securitisation Programme (RF) LTD and Others v Cellsecure Monitoring and Response (PTY) Ltd and Others (21647/2021) [2022] ZAGPPHC 925 (25 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

21647/2021

Judge

Kooverjie

High Court summary judgment in a rental dispute, holding that the defendants’ bare-denial plea did not disclose a bona fide defence and granting rectification.

• Summary Judgment
• Rectification Of Contract
• Bare Denial
• Certificate Of Balance
• Guarantee And Suretyship
• Summary-judgment

Centrafin (Pty) Ltd Street Talk Trading 131 CC t.a Royal Food and Another (14976/2017)

Centrafin (Pty) Ltd Street Talk Trading 131 CC t.a Royal Food and Another (14976/2017) [2018] ZAGPJHC 19 (8 February 2018)

Court

South Gauteng High Court, Johannesburg

Case number

14976/2017

Judge

Twala

The High Court dismissed a summary judgment application over a rental agreement dispute, finding the defendants showed a bona fide defence based on destroyed and replaced equipment.

• Master Rental Agreement
• Guarantee And Suretyship
• Summary Judgment
• Contractual Breach
• Summary-judgment
• Contract-law