South Africa Case Law

Firstrand Bank t/a First National Bank v Letlotlo Enterprise (Pty) Ltd and Another (2426/22)

Firstrand Bank t/a First National Bank v Letlotlo Enterprise (Pty) Ltd and Another (2426/22) [2025] ZANWHC 145 (29 April 2025)

Court

North West High Court, Mafikeng

Case number

2426/22

Judge

J T Maodi

The High Court granted summary judgment to Firstrand Bank on an overdraft claim, rejecting objections to commissioning, jurisdiction, and the defendants' bare denial.

• Overdraft Facility
• Suretyship
• Summary Judgment
• Jurisdiction Of High Court
• National Credit Act Exclusion
• Summary-judgment

Nedbank Limited v Delta Flex (Pty) Ltd and Another (2023/045944)

Nedbank Limited v Delta Flex (Pty) Ltd and Another (2023/045944) [2025] ZAGPJHC 334 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/045944

Judge

Siwendu

High Court summary judgment for Nedbank on a COVID-19 SME loan facility, with the defendants' objections and proposed non-professional representation rejected.

• Suretyship
• Summary Judgment
• Certificate Of Balance
• National Credit Act Exclusion
• Loan Facility Default
• Summary-judgment

Merceds-Benz Financial Services South Africa (Pty) Ltd v RMM Investments (Pty) Ltd (2345/2023)

Merceds-Benz Financial Services South Africa (Pty) Ltd v RMM Investments (Pty) Ltd (2345/2023) [2025] ZAMPMHC 10; [2025] 2 All SA 559 (MM) (24 February 2025)

Court

Middelburg High Court, Mpumalanga

Case number

2345/2023

Judge

Malangeni

Summary judgment was granted on a cancelled instalment sale agreement. The court held that rescission of a default judgment did not bar the application.

• Instalment Sale Agreement
• Contract Cancellation
• Summary Judgment
• Bona Fide Defence
• National Credit Act Exclusion
• Summary-judgment

First Rand Bank Limited Trading as First National Bank v Signature Barkey Pty Limited and Another (2022/024180)

First Rand Bank Limited Trading as First National Bank v Signature Barkey Pty Limited and Another (2022/024180) [2025] ZAGPJHC 343 (6 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/024180

Judge

A Bester

Summary judgment was granted against a surety after the court rejected postponement, condonation objections, and defences based on ambiguity, misrepresentation, rectification, and the NCA.

• Summary Judgment
• Suretyship
• Jurisdiction Of High Court
• Condonation Of Late Affidavit
• Formal Requirements Of Suretyship
• National Credit Act Exclusion

Toyota Financial Services (SA) Ltd v Siyakudumisathixo Trading and Enterprise CC and Another (2049/2024)

Toyota Financial Services (SA) Ltd v Siyakudumisathixo Trading and Enterprise CC and Another (2049/2024) [2024] ZAECMKHC 107 (10 September 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2049/2024

Judge

T.V. Norman

The court found that the defendants raised bona fide defences that warrant consideration at trial. The jurisdictional objection is not spurious, as the defendants reside in Mthatha and the agreement was concluded in KwaZulu-Natal, with no clear consent to the jurisdiction of the Makhanda seat. The issue of whether the suretyship agreement was adequately explained to the second defendant is a triable issue, given the allegations of lack of disclosure and haste. The plaintiff's reliance on the certificate of balance was undermined by the absence of supporting documentation. The court held that…

Source excerpt

• Summary Judgment
• Jurisdiction
• Suretyship
• National Credit Act Exclusion
• Rule 41a Mediation
• Certificate Of Balance

Williams v Tsakos (34460/2019)

Williams v Tsakos (34460/2019) [2024] ZAGPJHC 771 (19 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

34460/2019

Judge

C Todd

A brother who borrowed R1.1 million from his sister was ordered to repay the outstanding balance with interest and attorney-and-own-client costs.

• Loan Agreement
• Acknowledgement Of Debt
• National Credit Act Exclusion
• Prescription
• Quantum Of Claim
• Loan-agreement

Caterpillar Financial Services South Africa Proprietary Limited v Amlo Trading Close Corporation (2696/2023)

Caterpillar Financial Services South Africa Proprietary Limited v Amlo Trading Close Corporation (2696/2023) [2024] ZAECMKHC 81 (25 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2696/2023

Judge

KL Watt

The High Court ordered return of excavators and backhoe loaders under the rei vindicatio after finding the instalment sale agreement was validly cancelled.

• Rei Vindicatio
• Instalment Sale Agreement
• Contract Cancellation
• Ownership And Possession
• National Credit Act Exclusion
• Consumer Protection Act Exclusion

Standard Bank of South Africa Ltd v De Villers Theron N.O. and Others (4609/2022)

Standard Bank of South Africa Ltd v De Villers Theron N.O. and Others (4609/2022) [2024] ZAFSHC 128 (7 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4609/2022

Judge

Majosi

The High Court granted summary judgment to Standard Bank for an unpaid overdraft and against the guarantors, rejecting defences based on resolution, the NCA, and the affidavit.

• Summary Judgment
• Liquidated Claim
• Guarantee Liability
• National Credit Act Exclusion
• Trust Resolution
• Certificate Of Balance

Merchant Capital v Cerimaj (2020/41514)

Merchant Capital v Cerimaj (2020/41514) [2023] ZAGPJHC 1324 (17 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/41514

Judge

R J Moultrie

High Court dismissed a motion for money judgment after finding a genuine dispute whether the first respondent signed the suretyship and that the electronic signature requirements were not met.

• Suretyship
• Electronic Signature
• National Credit Act Exclusion
• Motion Proceedings
• Dispute Of Fact
• Electronic-signature

MVNX (Pty) Ltd v Next 360 (Pty) Ltd and Another (028653/2022)

MVNX (Pty) Ltd v Next 360 (Pty) Ltd and Another (028653/2022) [2023] ZAGPJHC 1500 (6 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

028653/2022

Judge

Crutchfield

The High Court granted provisional sentence on an acknowledgment of debt, finding the document liquid, the NCA inapplicable, and the defendants’ payment defence unproven.

• Acknowledgment Of Debt
• Provisional Sentence
• National Credit Act Exclusion
• Liquid Document
• Allocation Of Payments
• Provisional-sentence