South Africa Case Law

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872)

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872) [2025] ZAGPJHC 597 (12 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/035872

Judge

Stylianou

The High Court granted judgment for the unpaid loan balance and allowed perfection of security under a special notarial covering bond after rejecting the respondents’ winding-up objections.

• Loan Agreement Breach
• Special Notarial Covering Bond
• Perfection Of Security
• Voluntary Winding Up
• Insolvency Procedure
• Special-notarial-covering-bond

Spanogiannis and Another v Emgeo and Another (2024/135403)

Spanogiannis and Another v Emgeo and Another (2024/135403) [2024] ZAGPJHC 1274 (16 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/135403

Judge

Adams

Urgent winding-up application granted after the court found Emgeo unable to pay its debts and held that shareholder deadlock made winding up just and equitable.

• Winding Up
• Deadlock Principle
• Just And Equitable Ground
• Company Insolvency
• Loan Agreement Breach
• Winding-up

Standard Bank of South Africa Limited v Moody N.O and Others (22301/2023)

Standard Bank of South Africa Limited v Moody N.O and Others (22301/2023) [2024] ZAWCHC 296 (25 September 2024)

Court

Western Cape High Court, Cape Town

Case number

22301/2023

Judge

P Andrews

The High Court held the sequestration application was meritorious but moot after settlement, and ordered the trust to pay party and party costs on scale A.

• Sequestration
• Act Of Insolvency
• Costs Award
• Loan Agreement Breach
• Party And Party Costs
• Mootness

Changing Tides 17 (Pty) Ltd NO v Ramabe (37524/2020)

Changing Tides 17 (Pty) Ltd NO v Ramabe (37524/2020) [2023] ZAGPJHC 504 (18 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

37524/2020

Judge

RJ Moultrie

Summary judgment granted for unpaid loan debt, with the property declared executable and a reserve price set after rejection of the defendant’s defences.

• Loan Agreement Breach
• National Credit Act Compliance
• Summary Judgment
• Special Executability
• Reserve Price Determination
• Enforcement Costs

TUHF Limited v 68 Wolmarans Street Johannesburg (PTY) Ltd and Others (A5015/2022)

TUHF Limited v 68 Wolmarans Street Johannesburg (PTY) Ltd and Others (A5015/2022) [2022] ZAGPJHC 914 (15 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5015/2022

Judges

KE Matojane, E Molahlehi, R Strydom

The High Court upheld an appeal, finding municipal arrears and non-compliance with payment obligations under a loan agreement constituted default justifying acceleration and foreclosure.

• Mortgage Bond Enforcement
• Loan Agreement Breach
• Municipal Services Arrears
• Acceleration Clause
• Property Rates Policy
• Contractual Default

Business Partners (Pty) Limited v Penkin (23040/2021)

Business Partners (Pty) Limited v Penkin (23040/2021) [2022] ZAGPJHC 510 (4 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

23040/2021

Judge

Nochumsohn

The High Court granted summary judgment against a surety for the outstanding balance on a loan, rejecting a jurisdiction challenge and finding no bona fide defence.

• Suretyship Liability
• Loan Agreement Breach
• Certificate Of Balance
• Jurisdiction Challenge
• National Credit Act Exclusion
• Suretyship-liability

TUHF Ltd v 28 Esselen Street Hillbrow and Others (7843/20)

TUHF Ltd v 28 Esselen Street Hillbrow and Others (7843/20) [2022] ZAGPJHC 363 (27 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

7843/20

Judge

M.L. Senyatsi

The court found that the applicant failed to establish a trigger event of default under the loan agreement. The alleged breaches regarding municipal charges, electrical and fire safety certificates, and tenant accounts were either subject to genuine disputes of fact, not due and payable, or not supported by the evidence. The respondent's version was accepted in accordance with the Plascon Evans rule. The applicant's insistence on foreclosure and acceleration, despite the respondents meeting monthly loan repayments and ongoing litigation with the City of Johannesburg over municipal accounts, w…

Source excerpt

• Mortgage Bond Foreclosure
• Loan Agreement Breach
• Municipal Rates And Taxes
• Abuse Of Process
• Summary Judgment
• Suretyship Liability

TUHF Limited v 68 Wolmarans Street Johannesburg (Pty) Ltd and Others (44394/2020)

TUHF Limited v 68 Wolmarans Street Johannesburg (Pty) Ltd and Others (44394/2020) [2021] ZAGPJHC 701 (16 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

44394/2020

Judge

Senyatsi

The court found that the requirements for lis pendens were satisfied, as the present application involved the same parties and cause of action as the previously disposed matter. The respondents established that the reduced payments for May and June 2020 were agreed upon via email communications as Covid-19 relief, and such electronic communications are valid for varying agreements under the Electronic Communications and Transactions Act. The court rejected TUHF's argument that the variation was invalid due to lack of a formal signature, finding the intent and agreement clear from the emails.…

Source excerpt

• Loan Agreement Breach
• Suretyship Validity
• Lis Pendens
• Covid19 Relief Variation
• Abuse Of Process

ABSA Bank Limited v AA Diamonds (Pty) Limited (2019/29174)

ABSA Bank Limited v AA Diamonds (Pty) Limited (2019/29174) [2021] ZAGPJHC 154 (21 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/29174

Judge

G. Ally

The High Court granted ABSA Bank’s application to finally wind up AA Diamonds (Pty) Limited, finding the statutory demand was proved and condonation was not justified.

• Company Liquidation
• Condonation
• Loan Agreement Breach
• Letter Of Demand
• Section 345 Companies Act
• Company-liquidation

Firstrand Bank Limited t/a Wesbank v Arm Development Programme and Another (86814/2018)

Firstrand Bank Limited t/a Wesbank v Arm Development Programme and Another (86814/2018) [2021] ZAGPPHC 110 (18 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

86814/2018

Judge

E.M Kubushi

Summary judgment was refused because the respondents showed a bona fide defence, including a counterclaim and a challenge to the suretyship.

• Summary Judgment
• Suretyship
• Bona Fide Defence
• Loan Agreement Breach
• Summary-judgment
• Bona-fide-defence