South Africa Case Law

Trencon Construction (Pty) Ltd v Blue Cloud Investments 227 (Pty) Ltd and Others (2255/2024)

Trencon Construction (Pty) Ltd v Blue Cloud Investments 227 (Pty) Ltd and Others (2255/2024) [2025] ZAMPMBHC 27 (14 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2255/2024

Judge

Montsho-Moloisane

The High Court granted judgment on a loan, guarantee, and suretyship claim, finding the debt proved and rejecting the respondents’ bare denials and privilege argument.

• Loan Agreement Enforcement
• Guarantee And Suretyship
• Certificate Of Indebtedness
• Costs Award
• Motion Proceedings
• Privilege And Settlement Negotiations

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022)

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022) [2024] ZASCA 48 (15 April 2024)

Court

Supreme Court of Appeal

Case number

1263/2022

Judges

Gorven, Weiner, Kgoele, Baartman, Seegobin

The SCA refused special leave to appeal, holding that enforcement of a loan acceleration clause for non-payment of municipal charges was not contrary to public policy.

• Loan Agreement Enforcement
• Acceleration Clause
• Municipal Service Charges
• Mortgage Bond Foreclosure
• Public Policy Contracts
• Loan-agreement-enforcement

TUHF v 68 Wolmarans Street Johannesburg and Others (A5073/2022)

TUHF v 68 Wolmarans Street Johannesburg and Others (A5073/2022) [2023] ZAGPJHC 1390 (29 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5073/2022

Judges

Vally, Adams, Dlamini

The Full Court upheld TUHF’s appeal, rejected lis pendens and abuse-of-process objections, and granted enforcement, execution and related relief.

• Loan Agreement Enforcement
• Suretyship
• Lis Pendens
• Contract Variation
• Abuse Of Process
• Rule 46a Executability

Tuhf Limited v 28 Esselen Street Hillbrow CC and Others (A5074 /2022 ; 2020/7843)

Tuhf Limited v 28 Esselen Street Hillbrow CC and Others (A5074 /2022 ; 2020/7843) [2023] ZAGPJHC 518 (19 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5074/2022

Judges

GC Wright, Adams, Strydom

The Full Court upheld TUHF’s appeal, finding municipal arrears constituted breach and entitling TUHF to enforce its security, take cession of rentals, and declare the property executable.

• Loan Agreement Enforcement
• Mortgage Bond
• Suretyship Liability
• Municipal Arrears
• Special Executability
• Loan-agreement-enforcement

Andtash (Pty) Limited v Olivier and Another (2022/010613)

Andtash (Pty) Limited v Olivier and Another (2022/010613) [2023] ZAGPJHC 502 (17 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/010613

Judge

R Strydom

The High Court enforced a loan agreement, rejected a dismissal-based impossibility defence, and declared the respondents’ home executable subject to a reserve price.

• Loan Agreement Enforcement
• Mortgage Bond Executability
• Primary Residence Execution
• Impossibility Of Performance
• Prescribed Rate Of Interest
• Summary Judgment Principles

Small Enterprise Finance Agency SOC Limited v Kgalemo Construction CC and Others

Small Enterprise Finance Agency SOC Limited v Kgalemo Construction CC and Others [2023] ZAGPPHC 356; 54791/2017 (15 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

54791/2017

Judge

P A Van Niekerk

The High Court refused a late postponement sought to amend a plea, finding the defendants had delayed unreasonably, and granted judgment for the plaintiff.

• Postponement Of Trial
• Loan Agreement Enforcement
• Suretyship Liability
• Postponement-of-trial
• Loan-agreement-enforcement
• Suretyship-liability

TUHF Limited v 266 Bree Street Johannesburg (Pty) Ltd and Others (11987/2020)

TUHF Limited v 266 Bree Street Johannesburg (Pty) Ltd and Others (11987/2020) [2023] ZAGPJHC 361 (21 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

11987/2020

Judge

ML Senyatsi

The court found that the loan agreement was valid and enforceable, as all conditions were fulfilled or waived prior to drawdown and the parties' conduct confirmed their intention for the agreement to operate. The grace period for repayment ended in April 2019, not July 2019, as the evidence did not support a further extension. The first defendant breached the agreement by failing to make any repayments and failing to pay municipal charges, entitling the plaintiff to accelerate the full loan amount. The certificate of indebtedness provided prima facie proof of the quantum, which was substantia…

Source excerpt

• Loan Agreement Enforcement
• Suretyship Liability
• Business Rescue
• Certificate Of Indebtedness
• Companies Act Section 45
• Contractual Suspensive Conditions

Landbank and Agricultural Development Bank of South Africa v J & R Hartman Boerdery CC and Others (3931/2021)

Landbank and Agricultural Development Bank of South Africa v J & R Hartman Boerdery CC and Others (3931/2021) [2023] ZALMPPHC 5 (26 January 2023)

Court

Limpopo High Court, Polokwane

Case number

3931/2021

Judge

Kganyago

The court found that the respondents admitted the existence of the loan agreements and suretyships and conceded default on payment obligations. The respondents' defence was limited to bare denials and unsubstantiated claims regarding the accuracy of the amounts and lack of statements, which did not constitute a bona fide dispute of fact. The applicant provided certificates of balance as prima facie proof, and the respondents failed to provide material facts to challenge liability. Judicial oversight was exercised regarding the execution of immovable properties, with consideration given to con…

Source excerpt

• Loan Agreement Enforcement
• Suretyship Liability
• Mortgage Bond Execution
• Judicial Oversight On Execution
• Certificate Of Balance
• Primary Residence Protection

Enforced Investment (Pty) Ltd and Others v Verifika Incorporated and Another (599/2021)

Enforced Investment (Pty) Ltd and Others v Verifika Incorporated and Another (599/2021) [2023] ZASCA 5 (25 January 2023)

Court

Supreme Court of Appeal

Case number

599/2021

Judges

Ponnan, Makgoka, Gorven, Nhlangulela, Salie

The Supreme Court of Appeal held that a valid demand under a loan agreement triggered default, allowing acceleration of debt and perfection of security without further notice.

• Loan Agreement Enforcement
• Security Perfection
• Acceleration Clause
• Breach Notice Requirements
• Costs Order
• Company Liquidation

Phoenix Salt Industries (Pty)Ltd v Lubavich Foundation of South Africa (2022/1298)

Phoenix Salt Industries (Pty)Ltd v Lubavich Foundation of South Africa (2022/1298) [2023] ZAGPJHC 27 (19 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/1298

Judge

Swanepoel

The court accepted the respondent's version that the applicant, through its directors, permanently waived its right to call up the loan and enforce repayment under the agreement. The evidence showed that the intention was for Golden Hands to settle the debt, and the applicant never sought repayment during the tenure of the original directors. The non-variation and non-waiver clauses in the contract do not preclude a permanent waiver, as clause 9.4 only relates to indulgences and temporary waivers, not the permanent abandonment of rights. The distinction between variation and waiver is materia…

Source excerpt

• Contract Non Variation Clause
• Waiver Of Rights
• Shifren Rule
• Pactum De Non Petendo
• Loan Agreement Enforcement