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South Africa decisions
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Engen Petroleum Ltd v Nirghin (21822/2022) [2023] ZAGPJHC 1150 (4 October 2023)
The High Court granted Engen Petroleum Ltd's money judgment on a suretyship claim, rejected a prescription defence, and awarded attorney-and-client costs.
Coetzee and Others v Nedbank Limited (36425/2021) [2023] ZAGPJHC 565 (25 May 2023)
The High Court refused leave to appeal a money judgment, finding no reasonable prospect of success under section 17 of the Superior Courts Act.
Coetzee and Others v Nedbank Limited (42242/2021) [2023] ZAGPJHC 566 (25 May 2023)
The High Court refused leave to appeal against a money judgment, finding no reasonable prospect of success under section 17 of the Superior Courts Act.
Damal Trading (Pty) Ltd and Others v Transaction Capital Payment Solutions (Pty) Ltd (2020/17363) [2023] ZAGPJHC 89 (3 February 2023)
The High Court ordered payment of R1,849,104.59 under NAEDO service agreements, rejecting the respondent’s reliance on a pending class action.
EH Hassim Hardware (Pty) Ltd v Aphane (67734/2019) [2022] ZAGPPHC 701 (19 September 2022)
The High Court upheld a prescription special plea, finding the principal debt had prescribed before judgment against the debtor and the surety was released.
Rooplal N.O v Khangela and Another (11111 / 2020) [2021] ZAGPJHC 667 (5 November 2021)
The court held that, in accordance with the general rule established in Mokebe, applications for money judgment on mortgage credit agreements secured against residential property should not be determined separately from applications for special execution against the property, unless special circumstances justify such separation. No special circumstances were present in this case. The applicant is granted leave to supplement his papers to seek relief declaring the mortgaged property specially executable, and the respondents may supplement their answering papers. The respondents' debt review ap…
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First Rand Bank Limited v Trustees for the Time Being of the Goran Family Trust and Others (24597/2017) [2019] ZAGPJHC 364 (23 August 2019)
The High Court dismissed First Rand Bank’s application after finding it had not properly pleaded or proved the cession needed to establish locus standi.
Waleed Investments Holdings (Pty) Ltd v Mandonca (41931/2014) [2017] ZAGPJHC 98 (30 March 2017)
The court found that the applicant was entitled to enforce the settlement agreement, which extinguished the underlying debt. The respondent had proper notice of the alternative relief sought and failed to establish a sustainable defence. The respondent’s assertion that she did not understand her personal liability under the settlement agreement was rejected as implausible, given her experience and the clarity of the agreement. The National Credit Act was not applicable to the compromise agreement being enforced. The respondent is personally liable to pay the applicant R4.3 million, with inter…
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Mzondeki v Moraka (A3070/2016) [2017] ZAGPJHC 118 (28 February 2017)
The High Court upheld an appeal, enforced a suretyship for R300,000, rejected a ‘co-creditor’ defence, and awarded attorney-and-client costs.
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