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South Africa Case Law

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Land And Property [2025] ZAGPPHC 384

Ngapo v Huma N.O and Another (014208/23)

Ngapo v Huma N.O and Another (014208/23) [2025] ZAGPPHC 384 (9 April 2025)

The High Court dismissed claims for trust maintenance and fee payments, but ordered the trustees to provide the applicant with trust financial records from 2020 onward.

  • Trust Property Control Act
  • Fiduciary Duties Of Trustees
  • Final Interdict
  • Duty To Account
  • Motion Proceedings Dispute Of Fact
  • Discretionary-trusts
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Civil Procedure [2024] ZAWCHC 417

Nero and Another v ABSA Bank Limited and Others (15785/2023)

Nero and Another v ABSA Bank Limited and Others (15785/2023) [2024] ZAWCHC 417 (10 December 2024)

The High Court dismissed an application to refer disputed mortgage-account issues to oral evidence and held the main application would lapse if not re-enrolled.

  • Sale In Execution
  • Mortgage Bond Enforcement
  • National Credit Act Compliance
  • Notice Requirements
  • Rates Clearance Certificate
  • Motion Proceedings Dispute Of Fact
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Banking And Finance [2021] ZAGPJHC 705

Grofin SGB (South Africa) Pty Ltd v Nectavision (Pty) Ltd (40053/2019)

Grofin SGB (South Africa) Pty Ltd v Nectavision (Pty) Ltd (40053/2019) [2021] ZAGPJHC 705 (19 November 2021)

High Court judgment enforcing a suretyship, rejecting a National Credit Act defence, and allowing the creditor to perfect security against the surety’s immovable property.

  • Suretyship
  • National Credit Act Exclusion
  • Benefit Of Excussion
  • Motion Proceedings Dispute Of Fact
  • National-credit-act
  • Benefit-of-excussion
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Civil Procedure [2021] ZAWCHC 161

Booysen and Others v Followers of Christ Church and Others (6195/2019, 22079/2016)

Booysen and Others v Followers of Christ Church and Others (6195/2019, 22079/2016) [2021] ZAWCHC 161 (19 August 2021)

The court found that the applicants' proposed amendments to the notice of motion were procedural clarifications and did not introduce new issues or require new evidence. The applicants' approach to amending was permissible under Rule 28(4), and the delay in bringing the amendment was not prejudicial. The applicants had locus standi as suspended members challenging the legitimacy of their suspension and the authority of the committee. The court determined that the only valid and enforceable constitution governing the affairs of the first respondent is the February 2000 constitution, as no subs…

  • Amendment Of Pleadings
  • Locus Standi
  • Church Governance
  • Joinder
  • Estoppel
  • Motion Proceedings Dispute Of Fact
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Commercial And Corporate [2018] ZAGPJHC 685

Rainmaker Logistics (Pty) Ltd v Gravitas Capital (Pty) Ltd (45134/16)

Rainmaker Logistics (Pty) Ltd v Gravitas Capital (Pty) Ltd (45134/16) [2018] ZAGPJHC 685 (26 November 2018)

The court found that the initial sale agreement was void ab initio due to non-fulfillment of suspensive conditions precedent, as expressly provided in the contract. Rainmaker and Gravitas both mistakenly believed the agreement was valid, leading to the oral repurchase agreement and payment of R1.8 million. The respondent's version that the payment was a personal loan was unsupported by credible evidence and contradicted by contemporaneous communications and conduct. The respondent's denials were found to be bald and implausible, failing to raise a genuine dispute of fact. The court held that…

  • Unjustified Enrichment
  • Suspensive Conditions
  • Void Contract
  • Oral Agreement
  • Estoppel
  • Motion Proceedings Dispute Of Fact
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Family And Children [2018] ZAWCHC 18

Broodie NO v Maposa and Others (1990/2017)

Broodie NO v Maposa and Others (1990/2017) [2018] ZAWCHC 18; 2018 (3) SA 129 (WCC); [2018] 2 All SA 364 (WCC) (19 February 2018)

The High Court dismissed a widow’s claim that a deceased spouse’s donation of a close corporation interest was invalid for lack of consent, and sent fraud and capacity issues to trial.

  • Matrimonial Property Act
  • Community Of Property
  • Close Corporation Member Interest
  • Donation Without Spousal Consent
  • Ratification Of Alienation
  • Motion Proceedings Dispute Of Fact
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Commercial And Corporate [2010] ZAGPPHC 614

Brugsmans and Another v Moutzouris (A757/2007)

Brugsmans and Another v Moutzouris (A757/2007) [2010] ZAGPPHC 614 (24 May 2010)

The court found that the respondents' defence of rectification was properly raised and that there was a genuine dispute of fact regarding whether the parties intended the respondents to be personally liable for the R750 000 or whether the agreement merely provided security for Express Model Trading 481 (Pty) Ltd's liability. The correspondence and affidavits did not resolve this dispute. Applying the Plascon Evans rule, the court held that the matter could not be decided on the papers and should be referred to trial. The appeal was allowed, the order of the court a quo was set aside, and the…

  • Rectification Of Contract
  • Motion Proceedings Dispute Of Fact
  • Security For Debt
  • Purchase And Sale Agreement
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Labour Law [2008] ZALC 67

South African Municipal Workers Union v North- West Housing Corporation and Another (J 420/08)

South African Municipal Workers Union v North- West Housing Corporation and Another (J 420/08) [2008] ZALC 67 (29 April 2008)

The court found that a genuine dispute of fact existed regarding the respondents' intention to transfer the business as a going concern. The applicant failed to discharge the onus of proving, on a balance of probabilities, the existence of such intention when it closed its case without leading oral evidence. The matter was heard on motion proceedings, and both parties elected not to call witnesses, leaving the dispute unresolved. The court held that it could not grant final relief or a declarator in the absence of clear evidence and that the applicant's members would have alternative remedies…

  • Section 197 Transfer
  • Interim Interdict
  • Final Interdict
  • Automatically Unfair Dismissal
  • Burden Of Proof
  • Motion Proceedings Dispute Of Fact
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.