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South Africa decisions
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Woa Fuels and Oils v Africa Rising Petrochem (Pty) Ltd (2022/7368) [2025] ZAGPJHC 768 (7 August 2025)
Summary judgment was dismissed because the defendant raised bona fide triable defences about a prior Puma supply agreement, authority, fraud, and unverified damages.
Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023) [2025] ZANWHC 134 (5 August 2025)
High Court summary judgment in favor of the Government Employees Pension Fund for arrear lease charges, despite a reliance on an arbitration clause.
Amiss and Another v F E Industrial Supplies CC (002313/2024) [2025] ZAGPJHC 730 (21 July 2025)
The High Court refused summary judgment, finding the defendant’s affidavit disclosed a bona fide defence based on an alleged breach and counterclaim under a subcontractor agreement.
Makhabo v Viljoen and Others (2022/059140) [2025] ZAGPPHC 688 (9 July 2025)
The court granted summary judgment for R500,000 after finding no bona fide defence to misrepresentation and undue enrichment arising from an uncompleted franchise deal.
Astra Constantine Inc v Jones and Another (25801/2024) [2025] ZAWCHC 238 (3 June 2025)
The High Court granted provisional sequestration after finding a liquidated claim, an act of insolvency, and a reasonable prospect of benefit to creditors.
Tunica Trading 104 v City of Mbombela (3550/2024) [2025] ZAMPMBHC 42 (23 May 2025)
Summary judgment was refused in a municipal payment dispute because the claim was not shown to be liquidated and the defendant raised a bona fide defence.
TotalGaz Southern African (Pty) Ltd v Sapling Trade and Invest 26 (Pty) Ltd and Another (D11539/2022) [2025] ZAKZDHC 18 (5 May 2025)
The plaintiff failed to discharge its burden of proof by not leading admissible evidence to establish the truth of the contents of the delivery notes and invoices upon which its claim was based. There was no agreement between the parties regarding the accuracy of these documents, and the plaintiff did not call the authors to testify. The court held that mere discovery and inclusion of documents in trial bundles, or confirmation that they form part of company records, does not render their contents admissible or prove the underlying transactions. In the absence of admissible evidence, there wa…
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ABSA Bank Limited v Khambule (2019/003137) [2025] ZAGPJHC 426 (2 May 2025)
Summary judgment was granted to ABSA for an outstanding bond debt, and the bonded property was declared preferentially executable, with execution suspended until 1 August 2025.
Standard Bank of South Africa Limited v De Waal (1398/2023) [2025] ZANCHC 31; [2025] 3 All SA 276 (NCK) (4 April 2025)
The court found that the applicant's deponent, Mr Sharpley, had sufficient personal knowledge and control over the relevant records to swear positively to the facts, as required by Rule 32(2) and the SCA's guidance in Rees v Investec Bank. The incorporation by reference of the particulars of claim into the affidavit was permissible and sufficient under the amended Rule 32(2), as confirmed by Firstrand Bank Limited v Badenhorst N.O. and Others. The relief sought for retention of monies paid and leave to approach the court for damages after the sale of goods was competent, following the SCA's a…
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AECI Limited v Kotze (237/24) [2025] ZANWHC 147 (28 March 2025)
The High Court granted AECI Limited judgment for a liquidated debt, interest and attorney-and-client costs after rejecting objections to the affidavit and contract formation.
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