ABSA Bank Limited v Ummi Properties (Pty) Ltd (627/2017; 71053/16) [2025] ZAGPPHC 603 (14 May 2025)
Court
North Gauteng High Court, Pretoria
Case number
627/2017; 71053/16
Judges
S Mfenyana, A Basson, M Kumalo
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.
Scribante and Another v 47 Club Trading (Pty) Ltd and Others (D6326/2023) [2024] ZAKZDHC 92 (5 December 2024)
Court
Kwazulu-Natal High Court, Durban
Case number
D6326/2023
Judge
Ploos van Amstel
Summary judgment was refused because the plaintiffs’ affidavit verified mutually destructive alternative loan claims and did not satisfy Rule 32(2)(b).
Deevia v Grobler (28602/2024) [2024] ZAGPPHC 1082 (25 October 2024)
Court
North Gauteng High Court, Pretoria
Case number
28602/2024
Judge
Nharmuravate
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…
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)
Court
South Gauteng High Court, Johannesburg
Case number
2021/8337
Judge
Siwendu
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…
Chivers v Padayachee (2023-074039) [2024] ZAGPPHC 931 (20 September 2024)
Court
North Gauteng High Court, Pretoria
Case number
2023-074039
Judge
Kubushi
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.
Barnard N.O and Others v Route Holdings (Pty) Ltd (5907/2023) [2024] ZAFSHC 291 (10 September 2024)
Court
Free State High Court, Bloemfontein
Case number
5907/2023
Judge
Mahlangu AJ
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.
Warren N.O v Muller (420/2022) [2024] ZAGPJHC 848 (29 August 2024)
Court
South Gauteng High Court, Johannesburg
Case number
420/2022
Judge
Wepener
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.