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South Africa decisions
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Concor Construction (Pty) Ltd v Old Mutual Alternative Risk Transfer Insure Ltd and Others (2025-064595) [2025] ZAGPJHC 472 (16 May 2025)
The High Court struck an urgent application to interdict payment under a guarantee, finding no urgency, no prima facie right, and no shown irreparable prejudice.
Force Fuel (Pty) Ltd and Another v Hollard Insurance Company (Pty) Ltd (2020/34408) [2024] ZAGPJHC 1298 (18 December 2024)
The High Court refused leave to appeal, finding the applicants’ new legal and factual points were not raised in the main application and would prejudice the respondent.
Hollard Insurance Company Limited v Gaz Fuel (Pty) Ltd and Another (2020/41361) [2024] ZAGPJHC 1278 (10 December 2024)
The High Court granted judgment for the insurer on an indemnity and suretyship after payment under a guarantee, rejecting alleged oral variation, fraud, and negligence.
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.
Bonifacio and Another v Lombard Insurance Company (247/2023) [2024] ZASCA 86 (4 June 2024)
The Supreme Court of Appeal held that the appellants were liable to indemnify the respondent for the payment made under the performance guarantee. The guarantee was autonomous and created an obligation to pay upon demand, irrespective of disputes in the underlying contract. The indemnity contract entitled the respondent to settle DBT's claim and seek indemnification from the appellants, and the settlement did not deprive the appellants of any procedural rights, as they failed to exercise those rights when available. The liability under the indemnity was not conditional upon a court finding ag…
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PRASA Corporate Real Estate Solutions v Community Property Company Ltd and Another (384/2023) [2024] ZASCA 35 (28 March 2024)
The Supreme Court of Appeal held that CPC had no contractual right under clause 17 and failed to prove unjustified enrichment. The appeal was upheld.
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.
Samchem Corporation (Pty) Ltd v Compass Insurance Company Limited (2021/27074) [2023] ZAGPJHC 1233 (30 October 2023)
The High Court held that the insurer could not repudiate a marine cargo claim for misrepresentation or breach of warranty, and ordered indemnity.
Africas Best Foods (Pty) Ltd v ED Food S.R.L and Another (2022/1245) [2023] ZAGPJHC 1112 (5 October 2023)
The High Court dismissed a joinder application against an Italian company, finding defective service, no jurisdiction over the peregrinus, and no basis for joinder.
SB Guarantee Company (RF) Proprietary Ltd v Baroville Trade & Investments (Pty) Ltd and Another (2021/52787) [2023] ZAGPJHC 1049 (19 September 2023)
The court found that the indemnity and mortgage bond imposed independent primary obligations on the first defendant, and their validity and enforceability were not dependent on the enforceability of the home loan agreement. The guarantee issued by the applicant was accepted by the Bank and operated as a separate, self-contained instrument. The defendants failed to establish a bona fide defence to the claims, as their arguments regarding lack of authority and invalidity were untenable. The notices of demand were properly sent and received, and the defendants did not challenge this in their aff…
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