Ngapo v Huma N.O and Another (014208/23) [2025] ZAGPPHC 384 (9 April 2025)
Court
North Gauteng High Court, Pretoria
Case number
014208/23
Judge
Flatela Luleka
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.
Nero and Another v ABSA Bank Limited and Others (15785/2023) [2024] ZAWCHC 417 (10 December 2024)
Court
Western Cape High Court, Cape Town
Case number
15785/2023
Judge
D.P Borgström
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.
Grofin SGB (South Africa) Pty Ltd v Nectavision (Pty) Ltd (40053/2019) [2021] ZAGPJHC 705 (19 November 2021)
Court
South Gauteng High Court, Johannesburg
Case number
40053/2019
Judge
Molahlehi
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.
Booysen and Others v Followers of Christ Church and Others (6195/2019, 22079/2016) [2021] ZAWCHC 161 (19 August 2021)
Court
Western Cape High Court, Cape Town
Case number
6195/2019, 22079/2016
Judge
Nziweni
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…
Rainmaker Logistics (Pty) Ltd v Gravitas Capital (Pty) Ltd (45134/16) [2018] ZAGPJHC 685 (26 November 2018)
Court
South Gauteng High Court, Johannesburg
Case number
45134/16
Judge
R M Keightley
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…
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)
Court
Western Cape High Court, Cape Town
Case number
1990/2017
Judge
Binns-Ward
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.
Brugsmans and Another v Moutzouris (A757/2007) [2010] ZAGPPHC 614 (24 May 2010)
Court
North Gauteng High Court, Pretoria
Case number
A757/07
Judges
B.R. Du Plessis, J.R. Murphy, J. Hiemstra
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…
South African Municipal Workers Union v North- West Housing Corporation and Another (J 420/08) [2008] ZALC 67 (29 April 2008)
Court
Labour Court
Case number
J 420/08
Judge
Molahlehi
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…