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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 1203

Niemand v Hollard Insurance Company Limited (13691/2021)

Niemand v Hollard Insurance Company Limited (13691/2021) [2024] ZAGPPHC 1203 (22 November 2024)

The High Court dismissed leave to appeal, finding no good prospects of success and holding that the respondent was entitled to honour the guarantees.

  • Suretyship
  • Indemnity
  • Advance Payment Guarantee
  • Performance Guarantee
  • Leave To Appeal
  • Leave-to-appeal
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Commercial And Corporate [2024] ZAGPJHC 41

Hollard Insurance Company Ltd v Force Fuel (Pty) Ltd and Another (2020/34408)

Hollard Insurance Company Ltd v Force Fuel (Pty) Ltd and Another (2020/34408) [2024] ZAGPJHC 41 (19 January 2024)

The High Court held Labat Africa Ltd liable under a suretyship and indemnity for R20 million paid by Hollard under a guarantee issued at Force Fuel’s request.

  • Suretyship
  • Indemnity
  • Financial Assistance Under Companies Act
  • Guarantee Liability
  • Corporate Authority
  • Guarantees
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Land And Property [2023] ZAGPJHC 713

Anderson v Chimuchere and Others (20075/2022)

Anderson v Chimuchere and Others (20075/2022) [2023] ZAGPJHC 713 (13 June 2023)

High Court eviction case turning on cancellation of a property sale, failure to provide guarantees, and whether the occupiers were in unlawful occupation.

  • Alienation Of Land Act
  • Eviction
  • Unlawful Occupation
  • Guarantee Requirement
  • Just And Equitable
  • Specific Performance
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Commercial And Corporate [2021] ZAGPJHC 791

Sasfin Bank Limited v Wald Exploration Drilling (Pty) Limited and Another (1422/2021)

Sasfin Bank Limited v Wald Exploration Drilling (Pty) Limited and Another (1422/2021) [2021] ZAGPJHC 791 (30 November 2021)

Summary judgment was granted in part in a hire-agreement dispute: return of goods and costs were ordered, but the damages claim was left for further defence.

  • Summary Judgment
  • Guarantee Liability
  • Jurisdiction
  • Contract Cancellation
  • Liquidated Damages
  • Summary-judgment
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Civil Procedure [2020] ZAECPEHC 33

Standard Bank of South Africa Limited and Another v Five Strand Media (Pty) Ltd and Others (745/2020)

Standard Bank of South Africa Limited and Another v Five Strand Media (Pty) Ltd and Others (745/2020) [2020] ZAECPEHC 33 (7 September 2020)

Summary judgment was granted on multiple banking and finance claims after the defendants failed to disclose a bona fide defence under amended Rule 32.

  • Summary Judgment
  • Instalment Sale Agreements
  • Guarantees
  • Contract Breach
  • National Credit Act
  • Interest On Debt
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Commercial And Corporate [2016] ZAKZPHC 91

Lombard Insurance Company Limited v Stewart and Others (15923/15)

Lombard Insurance Company Limited v Stewart and Others (15923/15) [2016] ZAKZPHC 91 (11 October 2016)

The High Court held that Lombard’s construction guarantee was a deed of suretyship, but the indemnity and suretyship undertakings still bound Stewart and the Bankenbrig Trust.

  • Construction Guarantee
  • Suretyship
  • Indemnity
  • Contractual Liability
  • Enforcement Of Guarantee
  • Construction-guarantee
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Land And Property [2015] ZAGPPHC 118

Rupert Investments (Pty) Ltd v J.H. Petzer Inc and Others (36878/2013)

Rupert Investments (Pty) Ltd v J.H. Petzer Inc and Others (36878/2013) [2015] ZAGPPHC 118 (13 February 2015)

The court dismissed an application to cancel mortgage bonds over two properties, finding the tendered guarantee defective and the amended relief incompetent.

  • Mortgage Bond Cancellation
  • Trustee Citation
  • Guarantee Acceptability
  • Joinder Of Trustees
  • Mortgage-bond-cancellation
  • Trustee-joinder
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Commercial And Corporate [2012] ZASCA 124

Sentinel Mining Industry Retirement Fund and Another v Waz Props (Pty) Ltd and Another (779/11)

Sentinel Mining Industry Retirement Fund and Another v Waz Props (Pty) Ltd and Another (779/11) [2012] ZASCA 124; 2013 (3) SA 132 (SCA) (21 September 2012)

The SCA held that a contract to contribute to a road upgrade lapsed if the project was not completed by 1 April 2009, and the guarantee should not have been called.

  • Contract Interpretation
  • Tacit Terms
  • Guarantee Liability
  • Resolutive Condition
  • Contract-interpretation
  • Tacit-terms
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Land And Property [2008] ZAGPHC 66

Farquhar v Scheffer and Another (A319/2006)

Farquhar v Scheffer and Another (A319/2006) [2008] ZAGPHC 66 (5 February 2008)

The High Court held that guarantees delivered to the transfer attorneys were sufficient, and that the seller could not cancel without proper notice. The appeal failed.

  • Specific Performance
  • Contractual Repudiation
  • Guarantees In Property Sale
  • Severability Of Contract
  • Breach Of Contract
  • Specific-performance
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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.