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South Africa decisions
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Firstrand Bank Limited v Na-Myns Boerdery (Pty) Ltd and Others (2400/2021; 2401/2021) [2025] ZANCHC 15 (28 February 2025)
The High Court granted summary judgment to Firstrand Bank on overdraft claims against two companies and their sureties, rejecting the defendants’ pleaded defences.
Sieberhagen v Nkosi Attorneys and Associates and Another (2477/2021) [2025] ZAMPMBHC 21 (29 January 2025)
The High Court refused summary judgment in a fee dispute, finding genuine factual disputes over the mandate, fee agreement, and whether counsel’s invoices were liquid.
Standard Bank of South Africa Limited v TNBH (Proprietary) Ltd and Another (2021-28819) [2024] ZAGPPHC 1347 (19 December 2024)
The High Court granted summary judgment over a disputed vehicle instalment sale and suretyship, finding the respondents’ denials were bald and unconvincing.
Bee J Electrical CC v Latitude Property Developments (Pty) Ltd (2290/2024) [2024] ZAECQBHC 80 (10 December 2024)
The High Court dismissed a provisional sentence claim on an acknowledgment of debt, finding the payment terms vague and the document not liquid.
Standard Bank of South Africa v Kyriacou and Others (16547/2022) [2024] ZAGPPHC 1190 (20 November 2024)
The High Court granted summary judgment on the reserved prayers, holding the suretyship valid and ordering the mortgaged property specially executable.
Nedbank Limited v Mavie (2023/022069) [2024] ZAGPJHC 957 (25 September 2024)
The court held that the respondent, having executed suretyships as co-principal debtor and expressly renounced the benefit of excussion, may be sued directly and independently of the principal debtor, Keliana. The principal debts are due and payable due to Keliana's breaches, including default on payments and the institution of liquidation proceedings, which triggered acceleration clauses in the agreements. The quantum of indebtedness is established by certificates of balance and supporting bank statements, which are valid as liquid documents and prima facie proof. The absence of an answering…
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Greeff v Scenic Route Trading 502 CC t/a Devco Group (In Liquidation) and Another (21846/2018) [2024] ZAGPPHC 334 (5 April 2024)
High Court summary judgment application dismissed for non-compliance with Rule 32, including failure to annex the underlying agreements and lateness under the applicable rules.
Axton Matrix Construction (Pty) Ltd v Mbombela Local Municipality (1062/2022) [2024] ZAMPMBHC 7 (2 February 2024)
The High Court held that construction payment certificates were not liquid documents for provisional sentence because liability required extrinsic evidence.
Solum Civils (Pty) Ltd v Tiger Business Enterprises CC and Another (55947 /2022) [2023] ZAGPJHC 1462 (14 December 2023)
The High Court granted provisional sentence against the first defendant on an acknowledgement of debt, but dismissed the claim against the surety.
MVNX (Pty) Ltd v Next 360 (Pty) Ltd and Another (028653/2022) [2023] ZAGPJHC 1500 (6 November 2023)
The High Court granted provisional sentence on an acknowledgment of debt, finding the document liquid, the NCA inapplicable, and the defendants’ payment defence unproven.
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