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South Africa decisions
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ABSA Bank Ltd v Cengimbo (896/2020) [2025] ZAECMHC 49 (10 June 2025)
The High Court granted ABSA leave to amend its particulars of claim and condoned a late amendment application in a mortgage debt dispute.
Nedbank Limited v WIID Group of Companies (Pty) Ltd and Others (4330/2024) [2025] ZAFSHC 97 (19 March 2025)
The court found that the plaintiff had pleaded and verified its registration as a credit provider and that it was not necessary to attach the registration certificate to the particulars of claim. The certificate annexed to the summary judgment affidavit merely verified what was already pleaded and did not constitute inadmissible new evidence. The defendants' denial of receipt of section 129 notices was unsupported by factual allegations and amounted to a bare denial, insufficient to rebut the presumption of delivery established by the plaintiff's track-and-trace reports. The dispute regarding…
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Intello Capital CC v Vuka Mzantshi Holdings (Pty) Limited (2022/019195) [2024] ZAGPJHC 148 (21 February 2024)
The High Court granted final liquidation of Vuka Mzantshi Holdings after finding Intello Capital’s debt claim established and the respondent’s defences unpersuasive.
West Bank, a Division of Firstrand Bank Ltd v Moropyane (18313/2022) [2023] ZAGPPHC 644 (31 July 2023)
The court found that the applicant had established the existence and terms of the Electronic Instalment Agreement (EIA), which was consistent with the transaction and supported by the respondent's payment history. The respondent failed to provide any substantive evidence or detail regarding the alleged alternative agreement or discrepancies in interest rate and instalment amounts. The respondent's defense amounted to bare denials without factual support. Regarding the section 129 notice, the court held that the applicant had complied with statutory requirements by sending the notice via regis…
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Assetline South African (Pty) Ltd v M Brothers XY Group (Pty) Ltd t/a African Engineering Technology Institute and Another (34171/2021) [2023] ZAGPJHC 790 (17 July 2023)
Leave to appeal was dismissed after the court found no reasonable prospects of success and no basis for condonation of the late filing.
Engen Petroleum Limited v Kebrascan (Pty) Ltd t/a Engen Market Gateway and Others (2022/18287) [2023] ZAGPJHC 603 (30 May 2023)
The court awarded Engen R4,158,071.10 for unpaid fuel and charges, held two sureties liable, and granted absolution from the instance on the counterclaim.
Investec Bank Limited v Kulu Sand Distributors and Plant Hire CC (695/2021) [2023] ZAMPMHC 17 (16 May 2023)
Provisional winding-up application dismissed because the respondent raised a bona fide dispute about the debt, interest rate, and alleged overcharging.
Spar Group Limited v Coetzee and Others (2022/2183) [2023] ZAGPJHC 561 (21 April 2023)
The High Court granted Spar leave to amend its particulars of claim in a suretyship matter, finding the proposed amendments cured any vagueness.
Fedbond Nominees (Pty) Ltd v Import Export 2020 (Pty) Ltd and Another (7042/2020) [2022] ZALMPPHC 67 (2 December 2022)
High Court granted judgment on loan and mortgage bond debt, accepted corrected certificates of indebtedness, and declared the bonded properties specially executable.
Sheperd Bushiri Investments (Proprietary) Limited and Others v JM Busha Investmenst Group (Proprietary) (39782/2019) [2021] ZAGPJHC 647 (11 November 2021)
The applicants failed to discharge the onus of proving that their legal representatives lacked a mandate to consent to the judgment. The factual context, including the applicants' conduct before and after the order, indicates their legal team was instructed to negotiate an extension for repayment, which was achieved through the manuscript amendments to the order. The late invocation of contractual defences and absence of supporting evidence from the erstwhile attorneys further undermine the applicants' case. The alleged errors in interest calculation and breach invocation do not justify resci…
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