South Africa Case Law

Engineered Mining Solutions (Pty) Ltd v E and M Tshwaragano Joint Ventures (Pty) Ltd (UM 119/2023)

Engineered Mining Solutions (Pty) Ltd v E and M Tshwaragano Joint Ventures (Pty) Ltd (UM 119/2023) [2023] ZANWHC 194 (25 October 2023)

Court

North West High Court, Mafikeng

Case number

UM 119/2023

Judge

Mfenyana

High Court granted provisional winding-up of the respondent company after a demand under the Companies Act was ignored and the debt dispute did not defeat insolvency grounds.

• Winding Up Of Company
• Inability To Pay Debts
• Loan Facility Agreement
• Urgent Interim Relief
• Winding-up-of-company
• Unable-to-pay-debts

Mojaho Trading (Pty) Ltd and Others v National Empowerment Fund (18678/17)

Mojaho Trading (Pty) Ltd and Others v National Empowerment Fund (18678/17) [2019] ZAGPPHC 14 (31 January 2019)

Court

North Gauteng High Court, Pretoria

Case number

18678/17

Judge

Collis

High Court rescinded a default judgment, finding valid service but a prima facie defence based on the settlement terms and an uncredited payment.

• Rescission Of Default Judgment
• Loan Facility Agreement
• Suretyship
• Service Of Process
• Settlement Agreement
• Rescission-of-default-judgment

China Construction Bank Corporation Johannesburg Branch v Gobel Agentskappe CC and Others (52295/2015)

China Construction Bank Corporation Johannesburg Branch v Gobel Agentskappe CC and Others (52295/2015) [2017] ZAGPPHC 447 (31 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

52295/2015

Judge

AC Basson

The court found that the defendants failed to provide a plausible or satisfactory explanation for the late application for postponement, despite having months of notice of the trial date. Their inactivity and delay in amending pleadings or seeking discovery were unjustified. The prejudice to the plaintiff, including the exponential increase of the debt, insufficient mortgage security, and unpaid costs orders, outweighed any prejudice to the defendants. The deregistration of some defendant companies further undermined their ability to repay the loan. The court exercised its discretion to refus…

Source excerpt

• Postponement Of Trial
• Loan Facility Agreement
• Suretyship Liability
• Discovery Procedure
• Prejudice Assessment

Standard Chartered Bank v Grobler (1076/2014)

Standard Chartered Bank v Grobler (1076/2014) [2015] ZAFSHC 216 (12 November 2015)

Court

Free State High Court, Bloemfontein

Case number

1076/2014

Judge

Naidoo

The High Court held a guarantor liable as co-principal debtor for Zesto’s unpaid loan debt, rejecting defences based on a supposed bond condition precedent and other objections.

• Loan Facility Agreement
• Personal Guarantee
• Certificate Of Balance
• Suretyship
• Motion Proceedings
• Personal-guarantee