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South Africa decisions
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Nedbank Limited v Matthys Johannes Lourens Wessels NO and Others (6626/2024) [2025] ZAFSHC 211 (10 July 2025)
The High Court refused summary judgment, holding that the defendants raised a bona fide and triable defence based on alleged payments extinguishing the debt.
Standard Bank of South Africa Limited v Bloomberg (11365/2022) [2025] ZAGPPHC 541 (29 May 2025)
The High Court granted Standard Bank leave to re-serve a defective section 129 NCA notice, adjourned the main action, and ordered costs against Bloomberg.
Lancaster Group (Pty) Ltd v Capital Creation Partners Africa (Pty) Ltd and Another (054476/2022 ; 054457/2022) [2024] ZAGPJHC 26 (17 January 2024)
The court found that the defendants' plea and resisting affidavit were ambiguous regarding whether the alleged oral agreement covered payments made prior to its conclusion. Although there were indications that the October 2018 agreement was intended to include reimbursement for historic disbursements, the use of future-tense language and confirmation of the plea's wording perpetuated ambiguity. The court held that the defendants had not unambiguously set out facts which, if proved at trial, would constitute a legally or factually sustainable defence as required by Rule 32(3)(b). However, give…
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Member of the Executive Council for the Department of Human Settlements, Gauteng v Bobworth Investment Propriety Limited (A5042/2020 ; 2018/23489) [2023] ZAGPJHC 517 (19 May 2023)
The High Court set aside summary judgment, finding the claim particulars vague and embarrassing and the supporting affidavit unreliable. Leave to defend was granted.
Bell Equipment Sales S.A. Limited v Dongastro Emperio (PTY) Ltd and Another (2021/51795) [2022] ZAGPJHC 957 (1 December 2022)
Summary judgment was granted for the admitted amount under an instalment sale agreement, with leave to defend the disputed balance and related claims.
Firstrand Bank Limited v Lenyanyabedi (57115/2019) [2022] ZAGPPHC 324 (18 May 2022)
Summary judgment was refused in a bank debt case after the court found the defendant raised bona fide defences and triable issues, including Rule 32 and NCA notice objections.
Charisma Properties (Pty) Limited v Woodstar & Co (Pty) Limited (41129/2019) [2021] ZAGPJHC 106 (29 July 2021)
The High Court refused summary judgment after finding a bona fide factual dispute over who was the true lessee of the premises.
Ketzer v Gardens Lodge Body Corporate (1073/17) [2019] ZASCA 15 (20 March 2019)
Summary judgment was refused because the claimed interest and extra charges were disputed and could not be separated from the capital claim.
Adcock Ingram Critical Care Propriety Limited v Tiagen Industrial Proprietary Limited (3900/2018) [2019] ZAECPEHC 9 (12 February 2019)
The court held that the plaintiff's verifying affidavit did not comply with Rule 32(2) as it failed to state 'in his opinion' that there was no bona fide defence and that the notice of intention to defend was for delay. This non-compliance was deemed fatal to the summary judgment application, as compliance with Rule 32(2) is substantive and not a mere technicality. Even if the court were mistaken on this preliminary issue, the plaintiff's particulars of claim failed to comply with Rule 18(6) by not specifying whether the contract was oral, written, or partly both, nor the terms and circumstan…
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Petersen NO and Others v Collopen (15869/2018) [2018] ZAGPJHC 654 (13 December 2018)
Summary judgment was refused because the certificate of indebtedness referred to the wrong suretyship date, creating enough doubt to justify leave to defend.
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