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South Africa decisions
Decisions matching the current search
Kunver and Others v Mistry and Another (22/007836) [2024] ZAGPJHC 974 (30 September 2024)
The High Court held that the plaintiffs’ claim against the second defendant disclosed no cause of action under FAIS and set aside the notice of bar as irregular.
Mohala Moifo Attorneys Incorporated v Makwe Fund Managers Proprietary Limited (2022/13230) [2023] ZAGPJHC 302 (3 April 2023)
An opposed winding-up application was dismissed because material disputes of fact existed about the debt, the agreements, and the respondent’s ability to pay.
Buba Attorneys Incorporated v Bongiveli Rail (3998/2021) [2022] ZAMPMBHC 62 (28 July 2022)
The High Court dismissed an application to wind up Bongiveli Rail, finding the applicant failed to prove a debt for legal services and that the dispute of fact could not be resolved on paper.
Investec Markets (Pty) Ltd v Joosub N.O. (2020/12981) [2022] ZAGPJHC 105 (1 March 2022)
Summary judgment was refused in a finance claim where the defendant raised unresolved issues about cession and the basis for the alleged debt.
Willow Investments (Pty) Ltd v Sanlam Private Wealth (Pty) Ltd and Another (44726/18) [2022] ZAGPPHC 18 (3 January 2022)
The High Court held that SPW’s transfer from the Shaneil account was unauthorised, but the claim prescribed because the plaintiff had knowledge by December 2011.
Gaboinewe Investments (Pty) Ltd v Vardocap (Pty) Ltd (3246/2020) [2020] ZALMPPHC 99 (7 December 2020)
The court granted summary judgment for consulting and mandate fees under a written finance mandate, rejecting implied-term defences that contradicted the contract.
Sesane v Road Accident Fund and Another (36587/2016) [2019] ZAGPPHC 1020 (10 December 2019)
The court dismissed an advocate’s application for payment of fees, finding a genuine dispute about the agreed payment terms could not be resolved on affidavit.
Van As v Kotze (1646/2015) [2019] ZANCHC 20; [2019] 3 All SA 284 (NCK) (5 April 2019)
The court dismissed a claim against an attorney over a failed farm buy-back option, finding no proven mandate to ensure exercise of the option and no delictual duty of care.
Gwk Properties (Pty) Ltd v Sanchoscope (Pty) Ltd (1832/2015) [2016] ZANCHC 13 (19 February 2016)
An opposed summary judgment application for commission was dismissed because the claim failed on the applicant’s own version and factual disputes remained.
Paymate (Pty) Ltd v Louis and Another (13927/2009) [2015] ZAWCHC 33 (27 March 2015)
The High Court dismissed Paymate’s claim against its attorney for allegedly misapplying a trust deposit, finding the plaintiff failed to prove the mandate terms.
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