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South Africa Case Law

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Commercial And Corporate [2025] ZAGPPHC 742

Capper v Wasserman (18 July 2025) (068622/2024)

Capper v Wasserman (18 July 2025) (068622/2024) [2025] ZAGPPHC 742 (18 July 2025)

The High Court held that a R1 million loan between close family-like parties was not an arm’s length credit agreement under the National Credit Act.

  • Loan Agreement
  • National Credit Act
  • Arm S Length Transaction
  • Punitive Costs
  • Familial Relationship Exception
  • Loan-agreement
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Civil Procedure [2025] ZAGPPHC 603

ABSA Bank Limited v Ummi Properties (Pty) Ltd (627/2017; 71053/16)

ABSA Bank Limited v Ummi Properties (Pty) Ltd (627/2017; 71053/16) [2025] ZAGPPHC 603 (14 May 2025)

High Court appeal against summary judgment. The court found triable issues over a loan account, alleged overpayments, and debt extinguishment, and set aside summary judgment.

  • Summary Judgment
  • Condonation
  • Loan Agreement
  • Condictio Indebiti
  • Lis Alibi Pendens
  • Summary-judgment
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Commercial And Corporate [2025] ZANWHC 3

Van Heerden and Another v MT Earthmoving CC and Others (CIV APP FB20/2023)

Van Heerden and Another v MT Earthmoving CC and Others (CIV APP FB20/2023) [2025] ZANWHC 3; [2025] 1 All SA 822 (NWM) (6 January 2025)

High Court appeal over loan repayment, set-off and third-party payment instructions dismissed with costs.

  • Set Off
  • Loan Agreement
  • Suretyship
  • Adjectus Solutionis Gratia
  • Joint Venture
  • Tender Of Payment
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Civil Procedure [2024] ZAKZDHC 92

Scribante and Another v 47 Club Trading (Pty) Ltd and Others (D6326/2023)

Scribante and Another v 47 Club Trading (Pty) Ltd and Others (D6326/2023) [2024] ZAKZDHC 92 (5 December 2024)

Summary judgment was refused because the plaintiffs’ affidavit verified mutually destructive alternative loan claims and did not satisfy Rule 32(2)(b).

  • Summary Judgment
  • Oral Contract
  • Loan Agreement
  • Pleading In The Alternative
  • Summary-judgment
  • Rule-32
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Commercial And Corporate [2024] ZAGPPHC 1082

Deevia v Grobler (28602/2024)

Deevia v Grobler (28602/2024) [2024] ZAGPPHC 1082 (25 October 2024)

The court found that the respondent's two payments in 2020 and 2021, both referenced as 'loan repayment', objectively constituted an acknowledgement of debt, thereby interrupting prescription under section 14(1) of the Prescription Act. The applicant instituted proceedings within three years of the last payment, so the claim had not prescribed. The agreement was between the applicant and respondent personally, not the company, and the respondent failed to prove that repayment was subject to the business making a profit or that the applicant should have sued the company. The National Credit Ac…

  • Loan Agreement
  • Prescription Act
  • Acknowledgement Of Debt
  • National Credit Act
  • Interest Calculation
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Commercial And Corporate [2024] ZAGPJHC 1012

African Zaibatsu Corporation Ltd and Another v Industrial Development Corporation of South Africa Ltd (2021/8337)

African Zaibatsu Corporation Ltd and Another v Industrial Development Corporation of South Africa Ltd (2021/8337) [2024] ZAGPJHC 1012; [2024] 4 All SA 739 (GJ) (7 October 2024)

The Court found that the IDC did not repudiate the loan agreement. The plaintiffs consented to the review and valuation process, and the IDC's conduct in delaying registration of the SNB and communicating a reduced valuation was commercially reasonable and consistent with the terms of the loan agreement, which allowed for review in the event of a material adverse event. The cancellation of the sale agreement by Jasco occurred before the IDC communicated its revised valuation, and the plaintiffs failed to prove that the IDC's conduct was the cause of the cancellation. The damages claimed were…

  • Repudiation Of Contract
  • Loan Agreement
  • Damages Quantification
  • Material Adverse Event
  • Competition Approval
  • Delictual Liability
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Civil Procedure [2024] ZAGPPHC 931

Chivers v Padayachee (2023-074039)

Chivers v Padayachee (2023-074039) [2024] ZAGPPHC 931 (20 September 2024)

The court dismissed an exception to a claim on an oral loan agreement, finding the Consumer Protection Act did not apply because the loan was not shown to be in the ordinary course of business and for consideration.

  • Exception To Particulars Of Claim
  • Consumer Protection Act
  • Loan Agreement
  • Cause Of Action
  • Pleading Requirements
  • Exception-to-particulars-of-claim
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Civil Procedure [2024] ZAFSHC 291

Barnard N.O and Others v Route Holdings (Pty) Ltd (5907/2023)

Barnard N.O and Others v Route Holdings (Pty) Ltd (5907/2023) [2024] ZAFSHC 291 (10 September 2024)

The High Court granted condonation for a late replying affidavit and ordered production of ledger accounts under Rule 35(14) so the applicants could plead.

  • Condonation
  • Rule 35 14 Discovery
  • Pleadings Requirements
  • Sale Of Shares Agreement
  • Loan Agreement
  • Rule-35-14
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Civil Procedure [2024] ZAGPJHC 848

Warren N.O v Muller (420/2022)

Warren N.O v Muller (420/2022) [2024] ZAGPJHC 848 (29 August 2024)

The High Court held that the defendant failed to prove repayment of a loan advanced by the deceased and ordered payment of the principal, interest, and costs.

  • Loan Agreement
  • Proof Of Payment
  • Balance Of Probabilities
  • Onus Of Proof
  • Loan-agreement
  • Proof-of-payment
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Commercial And Corporate [2024] ZAGPJHC 771

Williams v Tsakos (34460/2019)

Williams v Tsakos (34460/2019) [2024] ZAGPJHC 771 (19 August 2024)

A brother who borrowed R1.1 million from his sister was ordered to repay the outstanding balance with interest and attorney-and-own-client costs.

  • Loan Agreement
  • Acknowledgement Of Debt
  • National Credit Act Exclusion
  • Prescription
  • Quantum Of Claim
  • Loan-agreement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.