South Africa Case Law

Van Wyk v Venter N.O and Others (21072/2019)

Van Wyk v Venter N.O and Others (21072/2019) [2025] ZAWCHC 197; [2025] 3 All SA 572 (WCC) (12 May 2025)

Court

Western Cape High Court, Cape Town

Case number

21072/2019

Judge

Moosa AJ

The court found that the plaintiff failed to establish a prima facie case for either unjustified enrichment or repayment of a loan. The documentary evidence, including WCP's financial records and signed annual financial statements, showed that the payments in question were credited to the plaintiff's loan account and not to the Trust. The oral agreements relied upon by the plaintiff were void for non-compliance with section 2(1) of the Alienation of Land Act, and there was no corroborating evidence of enrichment at the plaintiff's expense. The plaintiff's loan claim was further undermined by…

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• Absolution From The Instance
• Unjustified Enrichment
• Condictio Causa Data Causa Non Secuta
• Alienation Of Land Act
• Oral Contracts
• Loan Agreements

Lancaster Group (Pty) Ltd v Capital Creation Partners Africa (Pty) Ltd and Another (054476/2022 ; 054457/2022)

Lancaster Group (Pty) Ltd v Capital Creation Partners Africa (Pty) Ltd and Another (054476/2022 ; 054457/2022) [2024] ZAGPJHC 26 (17 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

054476/2022 ; 054457/2022

Judge

Johann Gautschi

The court found that the defendants' plea and resisting affidavit were ambiguous regarding whether the alleged oral agreement covered payments made prior to its conclusion. Although there were indications that the October 2018 agreement was intended to include reimbursement for historic disbursements, the use of future-tense language and confirmation of the plea's wording perpetuated ambiguity. The court held that the defendants had not unambiguously set out facts which, if proved at trial, would constitute a legally or factually sustainable defence as required by Rule 32(3)(b). However, give…

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• Summary Judgment
• Simulated Transactions
• Loan Agreements
• Acknowledgement Of Debt
• Suretyship
• Leave To Defend

Bridgement (Pty) Ltd v VHA Accounting Solutions and Another (16473/2022)

Bridgement (Pty) Ltd v VHA Accounting Solutions and Another (16473/2022) [2023] ZAKZPHC 111 (17 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16473/2022

Judge

P C Bezuidenhout

High Court summary judgment in a loan repayment dispute, where the defendants’ plea and affidavit were found vague, contradictory, and not bona fide.

• Summary Judgment
• Loan Agreements
• Suretyship
• Certificate Of Indebtedness
• Summary-judgment
• Loan-agreements

CS Hentiq 1009 Proprietary Limited whose name was changed to Khulani Proprietary Limited and Another v National Empowerment Fund (14490/2018)

CS Hentiq 1009 Proprietary Limited whose name was changed to Khulani Proprietary Limited and Another v National Empowerment Fund (14490/2018) [2022] ZAGPPHC 110 (18 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

14490/2018

Judge

Mbongwe

The court found that the plaintiffs' application to amend their particulars of claim was not brought on bona fide grounds. The proposed amendment sought to withdraw admissions of default previously made by the plaintiffs, which would significantly prejudice the defendant, who had already pleaded on the basis of those admissions. The plaintiffs failed to provide a satisfactory explanation for the withdrawal of admissions and the substantial delay in bringing the application. The introduction of new causes of action at a late stage, after the close of pleadings, was procedurally flawed and unju…

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• Amendment Of Pleadings
• Withdrawal Of Admissions
• Loan Agreements
• Security Bonds
• Public Policy

SPE Project Management CC v Blignaut N.O and Others (4707/2020)

SPE Project Management CC v Blignaut N.O and Others (4707/2020) [2021] ZAFSHC 328 (21 December 2021)

Court

Free State High Court, Bloemfontein

Case number

4707/2020

Judge

N S Daniso

The High Court discharged a rule nisi to perfect a notarial bond, finding the applicant failed to disclose material facts in an ex parte urgent application.

• Notarial Bond Perfection
• Ex Parte Applications
• Urgent Interdict
• Good Faith Disclosure
• Loan Agreements
• Notarial-bond-perfection

Begere v Tecmed Africa (Pty) Ltd (38869/2018)

Begere v Tecmed Africa (Pty) Ltd (38869/2018) [2021] ZAGPPHC 15 (19 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

38869/2018

Judge

Kollapen

The court found that, on the respondent's own version, the conditions for repayment of the loans—full payment by the customer and affordability—were met. The respondent conceded that the customer account was settled in full and failed to provide any substantive evidence of inability to pay. However, the respondent raised a defence of set-off based on alleged non-disclosure of liabilities and cession of claims, which created genuine disputes of fact. Applying the Plascon-Evans rule, the court held that final relief could not be granted on motion proceedings where material disputes of fact exis…

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• Loan Agreements
• Set Off
• Shareholder Disputes
• Commercial Contracts
• Dispute Of Fact
• Referral To Trial

Howden Africa (Proprietary) Limited v Legal Practitioners Fidelity Fund Board (19/1250)

Howden Africa (Proprietary) Limited v Legal Practitioners Fidelity Fund Board (19/1250) [2019] ZAGPJHC 271 (8 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

19/1250

Judge

Miltz

The court found that the payment of R7.5 million by the applicant into the trust account of Hooyberg Attorneys did not constitute an entrustment for the benefit of the applicant. The terms of the loan agreements indicated that the funds were paid in discharge of the applicant's obligations as lender and were held in trust for the borrowers, not the applicant. The court held that any loss suffered was that of the borrowers, who were deprived of the benefits of the loan due to the theft, and not the applicant. Consequently, the applicant did not meet the requirements for reimbursement under Sec…

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• Entrustment Of Funds
• Fidelity Fund Liability
• Pecuniary Loss
• Loan Agreements
• Trust Account Theft

De Vasconcelos and Others v Business Partners Ltd (637/2018)

De Vasconcelos and Others v Business Partners Ltd (637/2018) [2019] ZASCA 80 (31 May 2019)

Court

Supreme Court of Appeal

Case number

637/2018

Judges

Cachalia, Mbha, Dambuza, Davis, Plasket

The court held that a royalty payment linked to a loan was a distinct commercial obligation, not disguised interest, and dismissed the appeal with costs.

• Suretyship
• Contra Bonos Mores
• In Duplum Rule
• Usurious Contracts
• Loan Agreements
• Loan-agreements

Lowenthal v Street Guarantee (Pty) Ltd and Others (425588/2014)

Lowenthal v Street Guarantee (Pty) Ltd and Others (425588/2014) [2017] ZAGPJHC 83 (17 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

425588/2014

Judge

A Gautschi

The court upheld exceptions to parts of a loan-agreement claim, finding annexure POC3 vague and pleading defects about amendments and consolidation involving a joint lender.

• Exception To Pleadings
• Loan Agreements
• Whole Agreement Clause
• Amendment Of Pleadings
• Rectification
• Cession Of Rights

Ergold Property No 8 CC and Another v Hersov (12627/2009)

Ergold Property No 8 CC and Another v Hersov (12627/2009) [2017] ZAGPJHC 16 (16 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

12627/2009

Judge

FHD Van Oosten

High Court judgment holding Hersov personally liable under s 424 for Panamo’s reckless trading in a failed township development, with the loan claims and interest awarded.

• Reckless Trading
• Personal Liability Of Directors
• Illegal Contracts
• Town Planning And Townships Ordinance
• Loan Agreements
• Prescription