South Africa Case Law

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022)

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022) [2024] ZASCA 48 (15 April 2024)

Court

Supreme Court of Appeal

Case number

1263/2022

Judges

Gorven, Weiner, Kgoele, Baartman, Seegobin

The SCA refused special leave to appeal, holding that enforcement of a loan acceleration clause for non-payment of municipal charges was not contrary to public policy.

• Loan Agreement Enforcement
• Acceleration Clause
• Municipal Service Charges
• Mortgage Bond Foreclosure
• Public Policy Contracts
• Loan-agreement-enforcement

TUHF Ltd v 28 Esselen Street Hillbrow and Others (7843/20)

TUHF Ltd v 28 Esselen Street Hillbrow and Others (7843/20) [2022] ZAGPJHC 363 (27 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

7843/20

Judge

M.L. Senyatsi

The court found that the applicant failed to establish a trigger event of default under the loan agreement. The alleged breaches regarding municipal charges, electrical and fire safety certificates, and tenant accounts were either subject to genuine disputes of fact, not due and payable, or not supported by the evidence. The respondent's version was accepted in accordance with the Plascon Evans rule. The applicant's insistence on foreclosure and acceleration, despite the respondents meeting monthly loan repayments and ongoing litigation with the City of Johannesburg over municipal accounts, w…

Source excerpt

• Mortgage Bond Foreclosure
• Loan Agreement Breach
• Municipal Rates And Taxes
• Abuse Of Process
• Summary Judgment
• Suretyship Liability

ABSA Bank Ltd v Pillay and Another (4552/2012)

ABSA Bank Ltd v Pillay and Another (4552/2012) [2012] ZAKZDHC 63 (23 October 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

4552/2012

Judge

D Pillay

Summary judgment was dismissed where the bank sought foreclosure despite no default, and the court found the bond clause could not justify demand without breach.

• Mortgage Bond Foreclosure
• National Credit Act
• Summary Judgment
• Unfair Contract Terms
• Jurisdiction
• Costs Award

FirstRand Bank Ltd formerly known as First National Bank of South Africa Ltd v Meiring (22041/10)

FirstRand Bank Ltd formerly known as First National Bank of South Africa Ltd v Meiring (22041/10) [2011] ZAWCHC 92 (19 April 2011)

Court

Western Cape High Court, Cape Town

Case number

22041/10

Judge

Baartman

The court granted summary judgment in a mortgage foreclosure matter, finding the respondent had not fully disclosed his finances and failed to prove over-indebtedness under the NCA.

• Mortgage Bond Foreclosure
• Summary Judgment
• Debt Review
• National Credit Act
• Over Indebtedness
• Summary-judgment

De Bruyn and Another v ABSA Bank Limited and Others (9940/06)

De Bruyn and Another v ABSA Bank Limited and Others (9940/06) [2007] ZAWCHC 5 (1 February 2007)

Court

Western Cape High Court, Cape Town

Case number

9940/06

Judge

Ndita

The High Court dismissed an urgent interdict against transfer of property sold in execution, finding the applicants had waived their right of habitatio.

• Right Of Habitatio
• Sale In Execution
• Waiver Of Real Rights
• Joinder Of Parties
• Mortgage Bond Foreclosure
• Right-of-habitatio