South Africa Case Law

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022)

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022) [2025] ZALMPPHC 151 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2024

Judges

Bresler AJ, Ngobeni J, Mangena AJ

The court found that the dispute regarding the calculation of the outstanding balance under the loan agreement was genuine and material, as the required monthly reconciliation and sign-off by both parties had not occurred. The respondent's reliance on a certificate of balance was insufficient to establish the claim on a balance of probabilities, given the lack of compliance with the prescribed methodology and the omission of branding costs. The matter was not suitable for determination on affidavit, and the application procedure was inappropriate in the circumstances. The court held that the…

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• Motion Proceedings
• Loan Agreement Dispute
• Quantification Of Claim
• Genuine Dispute Of Fact
• Referral To Trial

Tyrus Limited v Affinity Enterprise Capital (Pty) Ltd (D5007/2023)

Tyrus Limited v Affinity Enterprise Capital (Pty) Ltd (D5007/2023) [2024] ZAKZDHC 59 (23 August 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D5007/2023

Judge

Z P Nkosi

The High Court granted a provisional liquidation order against Affinity Enterprise Capital (Pty) Ltd, rejecting arguments that repayment depended on the sale of CAMS software.

• Company Liquidation
• Creditor Rights
• Loan Agreement Dispute
• Just And Equitable Winding Up
• Company-liquidation
• Creditor-rights

Accolla v Narandas (D11087/2014)

Accolla v Narandas (D11087/2014) [2020] ZAKZDHC 15 (3 June 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D11087/2014

Judge

Steyn

The High Court found the respondent failed to prove an alleged loan to the applicant and granted the application, dismissing the counter-application.

• Partnership Dissolution
• Loan Agreement Dispute
• Burden Of Proof
• Joint Property Ownership
• Costs Award
• Loan-agreement-dispute

Slip Knot Investments 777 (Pty) Ltd v Martycell Properties CC (55004/2012)

Slip Knot Investments 777 (Pty) Ltd v Martycell Properties CC (55004/2012) [2016] ZAGPPHC 926 (30 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

55004/2012

Judge

Kollapen

The High Court varied an earlier interlocutory order to preserve monthly net rental income pending trial, finding changed circumstances and a prima facie right.

• Interim Interdict
• Variation Of Interlocutory Order
• Loan Agreement Dispute
• Investment Agreement
• Preservation Of Rental Income
• Interim-interdict

Kriel N.O v Oaker and Another (5417/2014)

Kriel N.O v Oaker and Another (5417/2014) [2016] ZAWCHC 67 (3 June 2016)

Court

Western Cape High Court, Cape Town

Case number

5417/2014

Judge

Y S Meer

High Court dismissed an application to join a director as a defendant in a loan-repayment action, finding the proposed fiduciary-duty claim was legally distinct.

• Joinder Of Parties
• Fiduciary Duties Of Directors
• Loan Agreement Dispute
• Uniform Rule 10
• Amendment Of Pleadings
• Joinder-of-parties

Slip Knot Investments 111 (Pty) Ltd v Martycel Properties CC (55059/2012)

Slip Knot Investments 111 (Pty) Ltd v Martycel Properties CC (55059/2012) [2013] ZAGPPHC 176 (14 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

55059/2012

Judge

Prinsloo

The court found that the applicant failed to discharge the onus of proving that the respondent is either factually or commercially insolvent. The respondent presented credible evidence of substantial assets, income, and solvency, and the alleged indebtedness was bona fide and reasonably disputed. The court applied the Plascon-Evans test, considering the respondent's version, and found that the Badenhorst rule precluded winding-up in circumstances where the debt is genuinely disputed. The breakdown in the relationship and delay in selling the property did not constitute a just and equitable gr…

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• Winding Up Of Close Corporations
• Commercial Insolvency
• Just And Equitable Ground
• Badenhorst Rule
• Loan Agreement Dispute

Krog v Botes (37469/2012)

Krog v Botes (37469/2012) [2013] ZAGPJHC 36; 2014 (2) SA 596 (GSJ) (6 March 2013)

Court

South Gauteng High Court, Johannesburg

Case number

37469/2012

Judge

Weiner

The applicant has established a prima facie right to the proceeds of the Harold Street property, as he claims to have loaned the respondent the purchase price and transfer costs. The respondent's version regarding the source of funds is inconsistent and unsupported by evidence. The applicant faces irreparable harm if the property is sold and the proceeds dissipated, as it is the respondent's only substantial asset and his claim in the main action would be rendered fruitless. The respondent has not provided evidence of other assets or income sufficient to satisfy any judgment. The balance of c…

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• Interim Interdict
• Anti Dissipation Interdict
• Loan Agreement Dispute
• Ownership Of Immovable Property

Standard Bank of South Africa Ltd v Rep Props 40 (Pty) Ltd (12458/10)

Standard Bank of South Africa Ltd v Rep Props 40 (Pty) Ltd (12458/10) [2010] ZAGPJHC 167 (12 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

12458/10

Judge

P Boruchowitz

High Court granted final winding-up of a company after finding its debt to Standard Bank was not disputed on bona fide, reasonable grounds.

• Winding Up Of Companies
• Commercial Insolvency
• Loan Agreement Dispute
• Counterclaim
• Exceptio Non Adimpleti Contractus
• Winding-up-of-companies

Firstrand Bank Limited v Mirror Ball Investments 65 CC (58758/2009)

Firstrand Bank Limited v Mirror Ball Investments 65 CC (58758/2009) [2010] ZAGPPHC 590 (19 March 2010)

Court

North Gauteng High Court, Pretoria

Case number

58758/2009

Judge

P.M Dolamo

The court granted provisional winding up of a close corporation after finding the bank had established a prima facie debt claim and the respondent’s objections were not bona fide.

• Close Corporation Liquidation
• Prima Facie Case
• Novation
• Loan Agreement Dispute
• Section 69 Notice
• Technical Defences

Amlin (SA) Pty Limited v Van Kooij (A39/2007)

Amlin (SA) Pty Limited v Van Kooij (A39/2007) [2007] ZAWCHC 60; 2008 (2) SA 558 (C); (30 October 2007)

Court

Western Cape High Court, Cape Town

Case number

A39/2007

Judges

Dlodlo, Bozalek

High Court appeal over whether R70,000 paid to the respondent was a loan or part payment of a debt. The appeal was dismissed with costs.

• Piercing Corporate Veil
• Loan Agreement Dispute
• Burden Of Proof
• Agency Relationship
• Piercing-the-corporate-veil
• Loan-agreement-dispute