South Africa Case Law

Greyling v Meiring and Another (59852/2021)

Greyling v Meiring and Another (59852/2021) [2024] ZAGPPHC 929 (17 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

59852/2021

Judge

Collis

The Court found that the Plaintiff had discharged her onus in respect of all three claims. The Defendants admitted the loan but failed to prove any agreement for set-off of rental or legal costs, and no counterclaim for rental was instituted. The Plaintiff's evidence regarding the wedding expenses was accepted as more probable, and the First Defendant's contradictory versions were unsupported by documentary evidence. The employment claim was substantiated by the Plaintiff's testimony and documentary evidence, while the Defendants' denial was inconsistent with their own correspondence. The Cou…

Source excerpt

• Verbal Contract
• Loan Repayment
• Set Off
• Wedding Expenses
• Employment Relationship
• Costs Award

Van Der Horst and Another v Parreira and Another (2021/10867)

Van Der Horst and Another v Parreira and Another (2021/10867) [2023] ZAGPJHC 639 (7 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/10867

Judge

Malungana

Summary judgment was granted on a suretyship debt after the court found the defendant’s defences lacked material detail and did not show a bona fide defence.

• Suretyship
• Shareholders Agreement
• Summary Judgment
• Loan Repayment
• Beneficium Excussion
• Summary-judgment

Retief v Steyn N.O and Others (2021/14513)

Retief v Steyn N.O and Others (2021/14513) [2023] ZAGPJHC 198 (3 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/14513

Judge

G Malindi

The High Court held that the executrix had standing and ordered the Belvedere Trust to repay the estate the reduced loan amount, plus interest and attorney-client costs.

• Executor Appointment
• Life Right Agreement
• Loan Repayment
• Deductions From Estate
• Interest On Debt
• Executor-appointment

Smit v Sofa Planet CC and Others (4424 / 2022)

Smit v Sofa Planet CC and Others (4424 / 2022) [2023] ZAWCHC 1 (17 January 2023)

Court

Western Cape High Court, Cape Town

Case number

4424 / 2022

Judge

Binns-Ward

The High Court dismissed a provisional liquidation application, finding the sole member-creditor’s bid was driven by ulterior motives and lacked a genuine concursus advantage.

• Winding Up Of Close Corporation
• Ulterior Motive
• Fiduciary Duties Of Member
• Concursus Creditorum
• Loan Repayment
• Abuse Of Process

H.B.L v C.G.L (12178/2015)

H.B.L v C.G.L (12178/2015) [2018] ZAKZPHC 40 (21 September 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12178/2015

Judge

Gorven

Divorce judgment awarding limited spousal maintenance, loan repayment, and costs after finding the wife likely to obtain work within three years.

• Maintenance After Divorce
• Divorce Act Section 7
• Spousal Support
• Loan Repayment
• Costs Award
• Divorce-maintenance

Boshoff N.O v Carenet Properties (Pty) Ltd (57562/13)

Boshoff N.O v Carenet Properties (Pty) Ltd (57562/13) [2016] ZAGPPHC 761 (26 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

57562/13

Judge

J W Louw

The High Court held that a contract for a life right was subject to a negative resolutive condition. Because transfer did not occur by the deadline, the agreement dissolved and the loan had to be repaid.

• Life Rights
• Resolutive Condition
• Contract Cancellation
• Loan Repayment
• Contract-cancellation
• Resolutive-condition

Lombard Finance (Pty) Ltd and Another v Mallach NO (13574/08)

Lombard Finance (Pty) Ltd and Another v Mallach NO (13574/08) [2013] ZAWCHC 30 (26 February 2013)

Court

Western Cape High Court, Cape Town

Case number

13574/08

Judge

Griesel

High Court claim over oral loans and a disputed share transfer: repayment with interest was ordered, but the share-transfer claim failed.

• Oral Agreement
• Loan Repayment
• Interest On Loans
• Share Transfer
• Prescription
• Costs Apportionment

Brits v Land and Agricultural Development Bank of South Africa (42146/2010)

Brits v Land and Agricultural Development Bank of South Africa (42146/2010) [2012] ZAGPPHC 37 (9 March 2012)

Court

North Gauteng High Court, Pretoria

Case number

42146/2010

Judge

W R C Prinsloo

The court awarded the plaintiff repayment of wrongly charged interest on three loans, with interest from summons and costs including two advocates.

• Condictio Indebiti
• Interest Calculation
• Loan Repayment
• Costs Award
• Condictio-indebiti
• Loan-interest

Standard Bank of South Africa Ltd v Bonugli and Another (2263/07)

Standard Bank of South Africa Ltd v Bonugli and Another (2263/07) [2011] ZAWCHC 114 (10 January 2011)

Court

Western Cape High Court, Cape Town

Case number

2263/07

Judge

Veldhuizen

The High Court granted Standard Bank judgment for repayment, interest, and costs against the defendants, including costs for two counsel.

• Loan Repayment
• Joint And Several Liability
• Interest Award
• Costs Order
• Banking-and-finance
• Loan-repayment

Street Spirit Trading 92 (Pty) v Ukwanda Leisure Holdings (Pty) Ltd

Street Spirit Trading 92 (Pty) v Ukwanda Leisure Holdings (Pty) Ltd [2010] ZAGPPHC 181 (21 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

44153/09

Judge

N Ranchod

The court found that the applicant had advanced R3.5 million to the respondent as a loan under the shareholders' agreement, and that the failure of the Acc-Ross transaction constituted a material breach entitling the applicant to repayment. The respondent's reliance on the Badenhorst principle was rejected, as the dispute regarding the debt was not bona fide or based on reasonable grounds. The court further held that it was a tacit term of the shareholders' agreement that the Acc-Ross transaction would take place, and its failure undermined the respondent's business objectives. The respondent…

Source excerpt

• Winding Up Of Company
• Just And Equitable Ground
• Inability To Pay Debts
• Shareholders Agreement
• Tacit Terms
• Loan Repayment