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South Africa decisions
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City of Johannesburg v Changing Tides 74 (Pty) Ltd (40135/2016) [2025] ZAGPJHC 582 (5 June 2025)
The High Court granted the City of Johannesburg leave to appeal against a prior delict judgment and corrected the mora interest order to run from judgment.
du Toit v Road Accident Fund (19978/2015) [2025] ZAWCHC 77 (5 March 2025)
The court held that, in the absence of an express agreement excluding liability for interest or specifying a different commencement date, section 17(3)(a) of the Road Accident Fund Act applies to the running of interest on compensation awarded in RAF matters. The operative date for interest is 14 days after the date of the court order, not the expiry of any deferred payment period, unless the parties have expressly agreed otherwise. The court distinguished the present case from Dunn v Road Accident Fund and Motaung and Others v Road Accident Fund, noting that in those cases, the parties had a…
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Firstrand Bank Limited v Moremedi (666/2023) [2024] ZANCHC 118 (13 December 2024)
The High Court held that the respondent was unjustly enriched after receiving and using bank funds paid in error, and ordered repayment with interest and costs.
Uniqon Developers (Pty) Ltd v City of Tshwane Metropolitan Municipality (013552/2023) [2024] ZAGPPHC 1227 (27 November 2024)
The High Court awarded interest from 23 February 2022, attorney-and-client costs, and rectified a contract annexure reference; the capital claim was moot after payment.
Szabo N.O v Jarkie-Trust Administrators (Pty) Ltd (Reasons) (2023/038089) [2024] ZAGPJHC 1198 (21 November 2024)
Court granted repayment of a retirement-village loan and mora interest, holding the founding affidavit was sufficient despite fuller detail appearing in reply.
Road Accident Fund v Sheriff of the High Court [Pretoria East] and Others (2022-056346) [2024] ZAGPPHC 953 (17 September 2024)
The High Court dismissed the Road Accident Fund’s bid for declarators about interest on judgment debts, writs of execution, and related procedural practices.
LR Management Group (Propriety) Limited v Emfuleni Local Municipality (2023/027863) [2024] ZAGPJHC 643 (4 July 2024)
The High Court granted judgment for unpaid contractual invoices, rejecting the municipality’s exceptio non adimpleti contractus defence and finding no genuine dispute for arbitration.
Hartley v SMD Trading Group CC (D138/21) [2024] ZALCD 16; (2024) 45 ILJ 2561 (LC) (26 June 2024)
The court found that the respondent breached the applicant's employment contract by unilaterally reducing his salary from R228,500.00 to R75,000.00 per month without agreement. The evidence did not support the respondent's claim of a verbal agreement to the reduction, and the applicant's conduct did not amount to acquiescence. The applicant was entitled to damages for the difference in salary for the three months affected. Regarding leave pay, the applicant failed to prove entitlement to 73 days; the evidence and company policy supported only 15 days' leave pay, which had been paid at the red…
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Nepgen v Landskron (52270/2015) [2024] ZAGPPHC 537 (14 June 2024)
The court found that the amount due upon dissolution of the partnership was ascertainable by both parties, and the fact that they computed different amounts did not render the debt unascertainable. The court distinguished the present case from Victoria Falls, noting that the latter involved damages difficult to quantify, whereas this case involved a contractual claim for a determinable balance. The court exercised its discretion under the Prescribed Rate of Interest Act and held that interest should run from the date of service of summons, as depriving the plaintiff of such interest would be…
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Ncube v Liberty Group Limited (2021-23807) [2024] ZAGPJHC 298; [2024] 2 All SA 861 (GJ) (25 March 2024)
The court found that the defendant admitted all material allegations necessary for the plaintiff's claim under the life insurance policy and failed to plead any contractual or common law defence. The defendant's application for a stay was not supported by any pleaded facts or policy provisions, and the reliance on ongoing investigations or inquest did not constitute a valid defence. The exclusion clause in the policy did not apply in the absence of pleaded facts showing wilful and material violation of criminal law by the plaintiff. The court held that it retained jurisdiction to determine th…
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