South Africa Case Law

Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172)

Sunlyn (Pty) Ltd and Another v Clear Road Financial Services (Pty) Ltd and Another (2021/58172) [2025] ZAGPJHC 145 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/58172

Judge

GC Wright

The court found that the affidavit resisting summary judgment, deposed to by Mr Menong, set out a detailed and plausible defence. The circumstances described, including the signing of blank documents and the involvement of a third party (On Point), raised sufficient doubt regarding the applicants' claims and the enforceability of the guarantee and cession agreements. In light of this, the application for summary judgment could not succeed, and the defendants were granted leave to defend.

Source excerpt

• Summary Judgment
• Guarantee Liability
• Cession Of Debt
• Hire Agreement

Sarens Siba (Property) Limited v Mafate Business Enterprise (8860/2019)

Sarens Siba (Property) Limited v Mafate Business Enterprise (8860/2019) [2023] ZALMPPHC 54 (18 July 2023)

Court

Limpopo High Court, Polokwane

Case number

8860/2019

Judge

M V Semenya

High Court claim over crane-hire invoices succeeded: the court held the defendant liable for three hire claims, costs, and interest.

• Contractual Liability
• Specific Performance
• Hire Agreement
• Burden Of Proof
• Oral Vs Written Contract
• Damages