South Africa Case Law

Rhenus Logistics Proprietary Limited v Good To Go Trading CC (2022/021528)

Rhenus Logistics Proprietary Limited v Good To Go Trading CC (2022/021528) [2024] ZAGPJHC 119 (5 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/021528

Judge

Nowitz

The court found that the defendant failed to disclose a bona fide defence to the plaintiff's claim. The defendant's technical objection regarding the missing page of the AOD was not prejudicial and was abandoned during argument. The court held that the National Credit Act does not apply to the AOD, which constitutes a settlement agreement rather than a credit agreement. Even if the underlying business application form is considered, it is an incidental credit agreement and the defence of reckless lending cannot succeed. The defendant's partial performance and lack of prior objection to the AO…

Source excerpt

• Summary Judgment
• Acknowledgement Of Debt
• National Credit Act
• Reckless Lending
• Incidental Credit Agreement

Lombard v Biggs (Leave to Appeal) (858/2019)

Lombard v Biggs (Leave to Appeal) (858/2019) [2023] ZAECMKHC 9 (31 January 2023)

Court

Eastern Cape High Court, Makhanda

Case number

858/2019

Judge

N G Beshe

The High Court dismissed an application for leave to appeal, holding there were no reasonable prospects that the agreement was an incidental credit agreement under the National Credit Act.

• Incidental Credit Agreement
• National Credit Act
• Pleadings
• Agreement Authenticity
• Leave-to-appeal
• Incidental-credit-agreement

Ridge Line Roofing CC v Devan 01 (Pty) Ltd and Another (37618/2021)

Ridge Line Roofing CC v Devan 01 (Pty) Ltd and Another (37618/2021) [2022] ZAGPPHC 278 (29 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

37618/2021

Judge

N Davis

Summary judgment was granted where the defendants failed to disclose a bona fide defence to the plaintiff’s claim for payment, interest and costs.

• Summary Judgment
• Rule 32
• Suretyship
• Incidental Credit Agreement
• Quantum Of Claim
• Summary-judgment

Stewarts and Lloyds Holdings (Pty) Ltd v Solid Steel Construction (Pty) Ltd (A3070/2021)

Stewarts and Lloyds Holdings (Pty) Ltd v Solid Steel Construction (Pty) Ltd (A3070/2021) [2021] ZAGPJHC 739 (10 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A3070/2021

Judges

A. Maier-Frawley, R. Sutherland

Appeal upheld: the court enforced the contractually agreed interest rate and date, holding that mora arose ex re and no demand was required.

• Incidental Credit Agreement
• Contractual Interest
• Mora Ex Re
• Pacta Sunt Servanda
• Prescribed Rate Of Interest
• Penalty Clause

Consolidated Steel Industries (Pty) Limited t/a Global Roofing Solutions v Carrack In re: Consolidated Steel Industries (Pty) Limited t/a Global Roofing Solutions v Sonstep Trading (Pty) Limited and Another (A3031/2020)

Consolidated Steel Industries (Pty) Limited t/a Global Roofing Solutions v Carrack In re: Consolidated Steel Industries (Pty) Limited t/a Global Roofing Solutions v Sonstep Trading (Pty) Limited and Another (A3031/2020) [2021] ZAGPJHC 422 (30 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A3031/2020

Judges

Matthysen, Fisher

The High Court upheld an unopposed appeal and corrected a summary judgment interest order to reflect the parties’ agreed contractual rate rather than the prescribed rate.

• Suretyship
• Contractual Interest Rate
• Prescribed Rate Of Interest Act
• Summary Judgment
• Incidental Credit Agreement
• Contractual-interest-rate

OSZ Tayob Trading Trading Pietersburg (Pty) Ltd v Ramusi (HCAA 08/2019)

OSZ Tayob Trading Trading Pietersburg (Pty) Ltd v Ramusi (HCAA 08/2019) [2020] ZALMPPHC 47 (9 June 2020)

Court

Limpopo High Court, Polokwane

Case number

HCAA 08/2019

Judges

GC Muller, MF Kganyango, TC Tshidada

The court upheld an appeal against absolution of the instance in a suretyship dispute and granted judgment for the outstanding balance plus interest and costs.

• Suretyship
• Certificate Of Indebtedness
• Onus Of Proof
• Incidental Credit Agreement
• Judgment On Balance Of Probabilities
• Certificate-of-indebtedness

Moyahabo Projects (Pty) Ltd and Another v J & L Linings (Pty) Ltd (3094/2018)

Moyahabo Projects (Pty) Ltd and Another v J & L Linings (Pty) Ltd (3094/2018) [2018] ZAMPMBHC 8 (5 October 2018)

Court

Mbombela High Court, Mpumalanga

Case number

3094/2018

Judge

Jansen van Rensburg

Leave to appeal was refused in a dispute over whether an acknowledgement of debt was a credit agreement under the National Credit Act.

• National Credit Act
• Acknowledgement Of Debt
• Credit Provider Registration
• Incidental Credit Agreement
• Leave To Appeal
• Special Plea

Pinnacle Micro (Pty) Ltd v Invent Digital CC and Others (A243/2016)

Pinnacle Micro (Pty) Ltd v Invent Digital CC and Others (A243/2016) [2017] ZAGPJHC 159 (20 June 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A243/2016

Judge

J.S. Nyathi

Summary judgment was granted on a debt claim arising from an incidental credit agreement and suretyship, after the court found the defendant’s NCA-based defences unconvincing.

• Incidental Credit Agreement
• Suretyship
• National Credit Act Compliance
• Summary Judgment
• Section 129 Notice
• Summary-judgment

FVN Projects CC and Another v A G Formwork and Scaffolding (Pty) Ltd (A469/2015)

FVN Projects CC and Another v A G Formwork and Scaffolding (Pty) Ltd (A469/2015) [2017] ZAGPPHC 278 (2 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

A469/2015

Judges

Prinsloo, Molopa-Sethosa, Teffo

The court found that the appellants raised triable issues regarding the applicability of the National Credit Act and the validity of the suretyship. There was insufficient evidence before the court regarding the asset value or annual turnover of the first appellant, which was necessary to determine the applicability of the NCA. The respondent failed to plead or prove facts excluding the application of the NCA, and the summary judgment proceedings did not allow for the resolution of these factual disputes. The supplementary affidavit also raised a bona fide defence regarding a subsequent agree…

Source excerpt

• Summary Judgment
• Suretyship
• National Credit Act
• Incidental Credit Agreement
• Pleading Requirements

Birch t/a LF Birch And Son v Winterberg Veevoere CC (4002/2014)

Birch t/a LF Birch And Son v Winterberg Veevoere CC (4002/2014) [2015] ZAECGHC 71 (21 July 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

4002/2014

Judge

N G Beshe

The High Court dismissed an application to uplift a bar and allow a late plea, finding no good cause, no bona fide defence, and awarding costs.

• Upliftment Of Bar
• Incidental Credit Agreement
• National Credit Act
• Registration Of Farm Feeds
• Default Judgment
• Good Cause Requirement