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South Africa decisions
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Lebogo v Ladybug Consulting (Pty) Ltd and Another (15218-21) [2025] ZAGPPHC 461 (30 April 2025)
The High Court dismissed an opposed summary judgment application in a building contract dispute, finding the claim was not liquidated and the defendants had a bona fide defence.
City of Johannesburg Metropolitan Municipality v Mir-Air Prop (Pty) Limited (2023/093920) [2024] ZAGPJHC 977 (1 October 2024)
The court found that the plaintiff's claim was not liquidated, as the quantum was based on estimated and disputed readings, and no actual supply of electricity was alleged or proven for the relevant period. The defendant provided detailed factual disputes supported by photographs and account statements, demonstrating that the property was vacant, supply was terminated, and meters showed zero or no consumption. The plaintiff failed to engage with these factual disputes and relied on internal policies and by-laws that could not override statutory requirements. The court held that section 102(2)…
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SS Glen High v Kruger NO (2023/055133) [2024] ZAGPJHC 1059 (10 September 2024)
The court found that the deponent, as manager of the managing agent, had sufficient personal knowledge of the applicant's claim, supported by access to records and the nature of his duties. The respondent did not dispute the authenticity or correctness of the documents or the computed amounts. The court held that the delivery of a section 34(1) notice under the Administration of Estates Act does not bar the applicant from instituting action, as common-law remedies remain available. Regarding the inclusion of untaxed legal costs, the court relied on the Supreme Court of Appeal's decision in Ma…
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Shabalala v Bixoflo t/a Blue Clover N.O. (AR 325/21) [2023] ZAKZPHC 30 (10 March 2023)
The High Court upheld an appeal against summary judgment, finding the application and summons defective, the claim vague, and the amount not liquidated.
Transnet Second Defined Benefit Fund v Wood (21875/21) [2022] ZAGPJHC 906 (10 November 2022)
The court found that the Fund established a prima facie case for provisional sequestration. The evidence showed Wood, through entities he controlled, received substantial payments from the Fund's accounts as a result of breaches of fiduciary duty, including improper fee deductions and excessive bond trading (bond churning) that benefited Regiments entities at the Fund's expense. The claims were liquidated, fixed, and determined. The Fund did not freely consent to the disputed transactions, nor was there full disclosure. The respondent's defences, including reliance on the mandate, lack of pri…
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Nedbank Limited v Uphuhliso Investments and Projects (Pty) Limited and Others (2021/6604) [2022] ZAGPJHC 723; [2022] 4 All SA 827 (GJ) (22 September 2022)
High Court summary judgment in a bank debt claim upheld after the defendants failed to raise bona fide, pleaded defences.
Amanz'Abantu Services Pty Ltd v Coega Development Corporation Pty Ltd (620/2022) [2022] ZAECQBHC 20 (10 August 2022)
The court held that the adjudicator's determination under the JBCC contract is binding and enforceable for immediate compliance, unless and until revised by arbitration. The respondent's defences of impossibility and set-off were rejected, as no liquidated counterclaim was established and the adjudicator's decision on dispute six did not supersede the other determinations. The respondent failed to refer any aspect of the determination to arbitration or seek clarification, and its preliminary calculations did not constitute a liquidated debt. The court found that the monetary awards and direct…
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Meridian Hygiene (PTY) Ltd v Head of the Department of Health, Mpumalanga and Another (3411/2020) [2021] ZAMPMBHC 40 (7 September 2021)
The court found that the department placed both the existence and validity of the alleged verbal agreement in dispute, raising a real triable issue. The regulatory framework governing public procurement prohibits oral agreements, rendering any such agreement void ab initio if concluded in contravention of the law. The department's answering affidavit disclosed a bona fide defence with sufficient particularity, and Meridian's claim did not qualify as a liquidated amount for summary judgment purposes. The court exercised its discretion to refuse summary judgment, holding that the matter should…
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Mutale v Van Tonder (33282/2020) [2021] ZAGPPHC 410 (14 June 2021)
The court found that the applicant failed to prove the existence of an auxiliary agreement for separate payment of bookkeeping services. There was no evidence of an agreed rate, no invoices rendered, and the alleged debt was disputed by the respondent. The claim was not fixed, agreed upon, or determined by a court, and therefore did not constitute a liquidated claim as required by section 9(1) of the Insolvency Act. The applicant's reliance on rates paid to other bookkeepers was opportunistic and unsupported by evidence of an agreement. The proper course for the applicant is to pursue her cla…
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Dunlop Industrial Africa (Pty) Ltd v Bhailal (17118/2020) [2021] ZAGPJHC 359 (1 June 2021)
The court found that the plaintiff's claim is liquidated, as the amounts allegedly misappropriated are clearly set out and supported by precedent. The defendant's conditional admission of R177,905.68 relates to transactions after March 2018, which are within the prescription period. Therefore, summary judgment is granted for the admitted amount. The balance of R370,031.45 involves disputed facts and triable issues, including non-joinder and discrepancies in the disciplinary enquiry, and is referred to trial. Costs are reserved for determination at trial.
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