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South Africa decisions
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Moletji v Standard Bank of South Africa and Others (29793/2016) [2025] ZAGPPHC 775 (30 July 2025)
The High Court dismissed an application to stop a sale in execution, holding the applicant lacked standing and had proven no valid sale agreement.
Khambule v Absa Bank Limited (2019/003137) [2025] ZAGPJHC 638 (25 June 2025)
The applicant failed to satisfy the stringent test for leave to appeal under Section 17(1) of the Superior Courts Act. Her denial of entering into the second loan agreement and registration of the mortgage bond was unsupported by evidence, particularly in light of the registered bond and power of attorney in the Deeds Office. The respondent was entitled to rely on secondary evidence for summary judgment, and the applicant's contentions did not rise above a mere possibility of success or an arguable case. No compelling reason, such as a significant question of law or public importance, was adv…
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SB Guarantee Company (RF) Proprietary Limited v Tayob (2023-114200) [2025] ZAGPPHC 596 (5 June 2025)
The court found that the particulars of claim, when read as a whole and including the annexed home loan agreement, sufficiently allege that the bank is a registered credit provider. The plaintiff's claim is based on the indemnity agreement, which is not a credit agreement under the National Credit Act and does not require the plaintiff to be registered as a credit provider. The defendant's exception, premised on the alleged failure to plead registration, is not well founded. The authorities relied upon by the defendant are distinguishable, as they concern situations where the plaintiff was re…
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ABSA Bank v Semiconductor Services Exports (009611/2024) [2025] ZAGPJHC 430 (30 April 2025)
The High Court refused summary judgment, finding the respondent had an arguable defence based on an ambiguous settlement agreement said to affect the secured debt.
Standard Bank of South Africa Limited v Koorbanally (4470/2020) [2024] ZAGPJHC 1199 (26 November 2024)
The court removed a bank’s application from the roll after the borrowers paid arrears under a credit agreement, holding that enforcement costs had to be quantified and demanded earlier.
Leshika v SB Guarantee Company (RF) Proprietary Limited (2023-037065) [2024] ZAGPJHC 1030 (10 October 2024)
The court held that the indemnity agreement between the Applicant and Respondent is not a credit agreement as contemplated by section 8 of the National Credit Act. The Respondent is not a credit provider and is not subject to the obligations imposed by the NCA, including the requirement to conduct an affordability assessment. The defence of reckless lending is only available against a credit provider, which in this case is Standard Bank, not the Respondent. The Applicant failed to demonstrate that the indemnity agreement falls within any category of credit agreement under the NCA. The authori…
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Firstrand Bank Limited v Tsehlo (2023/033643) [2024] ZAGPPHC 972 (30 September 2024)
Summary judgment was refused because the plaintiff failed to plead and prove the alleged cession, leaving locus standi and the cause of action in dispute.
Standard Bank of SA Ltd v Stander and Others (1294/2016) [2024] ZANWHC 186 (11 July 2024)
The court held that the particulars of claim, together with the attached home loan agreement, disclose a cause of action against the first and second defendants. The absence of their signatures does not, in itself, render the agreement unenforceable, as there is no clause requiring signature for validity and the intention of the parties is evident from the registration of the mortgage bond and the facility letter addressed to the excipients. The issue of whether the agreement is binding without their signatures is a matter for trial, not for determination at the exception stage. The exception…
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Schneider and Another v Standard Bank of South Africa Limited (A331/2017) [2024] ZAGPPHC 584 (28 June 2024)
The Full Bench upheld an appeal against summary judgment, finding the prescription defence was bona fide and should be tested at trial.
SB Guarantee Company (RF) Proprietary Limited v Vestgro Capital (Pty) Ltd and Another (45317/2021) [2024] ZAGPPHC 605 (25 June 2024)
The High Court granted summary judgment on a home-loan debt, rejected a postponement request, and declared the first defendant’s property specially executable.
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