South Africa Case Law

Absa Bank Limited v Joubert and Another (3952/2024)

Absa Bank Limited v Joubert and Another (3952/2024) [2025] ZAFSHC 62 (27 February 2025)

Court

Free State High Court, Bloemfontein

Case number

3952/2024

Judge

Hefer AJ

The court found that prescription of the plaintiff's claim against the first defendant did not commence until written notice of termination of the facility agreement was given on 27 November 2023, in accordance with the express terms of the agreement and the Prescription Act. As summons was issued within three years of such notice, the claim had not prescribed. The court held that the founding affidavit substantially complied with the Regulations Governing the Administering of Oaths and that the deponent, as senior legal counsel with access to all relevant records, possessed the requisite per…

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• Summary Judgment
• Prescription Act
• Suretyship Liability
• National Credit Act
• Liquid Documents

Standard Bank of South Africa and Another v Nel (2721/2024)

Standard Bank of South Africa and Another v Nel (2721/2024) [2024] ZAFSHC 403 (12 December 2024)

Court

Free State High Court, Bloemfontein

Case number

2721/2024

Judge

Mahlatsi AJ

High Court summary judgment decision on multiple credit and loan claims, refusing judgment on claims tied to liquidation issues but granting it on two account-based claims.

• Summary Judgment
• Credit Agreements
• Suretyship
• Liquid Documents
• Certificate Of Balance
• Summary-judgment

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (59545/2018)

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (59545/2018) [2024] ZAGPPHC 808 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

59545/2018

Judge

S J R Mogagabe

The court held that interim payment certificates under a JBCC building contract bound the employer, rejected arbitration and factual-dispute defences, and ordered payment.

• Building Contracts
• Interim Payment Certificates
• Liquid Documents
• Summary Judgment
• Arbitration Clauses
• Interim-payment-certificates

Lindsey and Others v Conteh (774/2022)

Lindsey and Others v Conteh (774/2022) [2024] ZASCA 13; 2024 (3) SA 68 (SCA) (6 February 2024)

Court

Supreme Court of Appeal

Case number

774/2022

Judges

Saldulker, Hughes, Mabindla-Boqwana, Matojane, Unterhalter

The Supreme Court of Appeal held that Californian orders for delivery of shares were not a money judgment or liquid document, so provisional sentence failed.

• Enforcement Of Foreign Judgments
• Provisional Sentence
• Liquid Documents
• Derivative Actions
• Shareholder Disputes
• Private International Law

Umlazi Civils Pty Ltd v Concor Construction t/a Conradie Development and Another (20967/2021)

Umlazi Civils Pty Ltd v Concor Construction t/a Conradie Development and Another (20967/2021) [2023] ZAWCHC 161 (10 July 2023)

Court

Western Cape High Court, Cape Town

Case number

20967/2021

Judge

Binns-Ward

The court held that the FIDIC contract did not confer on interim payment certificates an absolute or temporarily final right to payment in the face of a dispute. The contract's arbitration and adjudication provisions expressly allow for certificates to be opened up, reviewed, and revised by the arbitrator. The authorities relied on by the applicant do not establish a general rule of binding effect for interim certificates; rather, the effect depends on the specific contract terms. The employer retains the right to raise contractual defences and set-off, and the disputes regarding the certifie…

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• Building Contracts
• Interim Payment Certificates
• Arbitration Clauses
• Contractual Defences
• Liquid Documents

Chloorkop Motor City CC v Mybuya Africa Panel Beating and Mechanical CC (2021/20343)

Chloorkop Motor City CC v Mybuya Africa Panel Beating and Mechanical CC (2021/20343) [2023] ZAGPJHC 73 (31 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/20343

Judge

Moorcroft

The plaintiff failed to clearly establish its claim for arrear rental, as the claim was not founded on liquid documents and the affidavit in support of summary judgment did not adequately address the 2013 agreement of sale relied upon by the defendant. The defendant set up a bona fide defence based on the alleged sale agreement and counterclaim. The procedural irregularity raised under Rule 30 regarding non-compliance with Rule 32 time periods was rendered moot by the dismissal of the summary judgment application. Accordingly, summary judgment was refused and leave to defend was granted.

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• Summary Judgment
• Oral Lease Agreement
• Arrear Rental
• Rule 30 Irregular Step
• Counterclaim
• Liquid Documents

Vharanani Properties (Pty) Ltd v Member of the Executive Council, Department of Human Settlements, Gauteng Provincial Government (25110/2021)

Vharanani Properties (Pty) Ltd v Member of the Executive Council, Department of Human Settlements, Gauteng Provincial Government (25110/2021) [2022] ZAGPPHC 388 (1 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

25110/2021

Judge

E van der Schyff

The High Court ordered payment of certified construction amounts, allowed interest on two sums, and referred one interest dispute to oral evidence.

• Construction Contracts
• Liquid Documents
• Interest On Late Payment
• Dispute Resolution Clauses
• Motion Proceedings
• Construction-contracts

PGN Civils (PTY) LTD v Greater Giyani Municipality (4924/2020)

PGN Civils (PTY) LTD v Greater Giyani Municipality (4924/2020) [2022] ZALMPPHC 6 (21 January 2022)

Court

Limpopo High Court, Polokwane

Case number

4924/2020

Judge

MG Phatudi

The court found that the applicant's claims were mutually contradictory and unquantifiable, with discrepancies between the amounts pleaded and the supporting documents. The applicant attempted to introduce new facts in reply, which is impermissible in provisional sentence proceedings. The completion certificate relied upon did not quantify the amounts due and was not a liquid document. The defendant provided evidence of payment and cession, raising a bona fide defence. The applicant failed to establish a clear and sustainable cause of action in the summons, and the application for provisional…

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• Provisional Sentence
• Pleading Requirements
• Liquid Documents
• Contractual Dispute
• Municipal Finance Management
• Cession Of Claims

D-Kon Developments CC v Nwedamutswu N.O and Another (23508/16)

D-Kon Developments CC v Nwedamutswu N.O and Another (23508/16) [2021] ZAGPPHC 754 (28 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

23508/16

Judge

E van der Schyff

The High Court refused provisional sentence, holding that factual disputes and a prescription defence justified converting the matter into an action for trial.

• Provisional Sentence
• Prescription
• Liquid Documents
• Conversion To Trial
• Provisional-sentence
• Liquid-documents

Raubex Construction (Pty) Ltd v Phumelela Local Municipality and Another (4204/2019)

Raubex Construction (Pty) Ltd v Phumelela Local Municipality and Another (4204/2019) [2019] ZAFSHC 230 (28 November 2019)

Court

Free State High Court, Bloemfontein

Case number

4204/2019

Judge

JP Daffue

The High Court ordered a municipality to pay retention monies under payment certificates 29 and 30, rejected its defences, and granted condonation for late affidavits.

• Construction Contracts
• Payment Certificates
• Liquid Documents
• Condonation
• Interest On Late Payments
• Payment-certificates