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South Africa decisions
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Van den Heever v VKB Landbou (Pty) Ltd (1356/2024) [2025] ZAFSHC 52 (18 February 2025)
The High Court dismissed an application for leave to appeal, holding that no proper factual basis was laid for new NCA-based defences and that the cited cases were distinguishable.
Truval Manufacturers and Another v United Merchants CC (in liquidation) and Others (2021/30511) [2023] ZAGPJHC 1248 (31 October 2023)
The court found that Truval Manufacturers CC demonstrated a sufficient interest to intervene in the conversion application, as the relief sought by Enyuka could potentially affect Truval's property rights and security as a creditor, particularly if the date of liquidation is altered and impeachable transactions are reconsidered. Although Truval's application was unsatisfactory and lacked detail regarding its intended opposition, the possibility of its rights being adversely affected justified granting leave to intervene. The court reserved costs for determination at the hearing of the convers…
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Land and Agricultural Development Bank of South Africa v Buziba (76814/2017) [2020] ZAGPPHC 277 (26 June 2020)
The court found that the respondent is indebted to the applicant in the amount of R33,211,206.34 and has committed acts of insolvency, including the sheriff's nulla bona returns and failure to satisfy debts. The respondent failed to disclose any credible assets or income and did not raise any valid defence to the sequestration application. The court was satisfied that there is reason to believe sequestration will be to the advantage of creditors, even if the benefit is limited. The respondent's attempts to postpone the matter were dismissed as baseless. Accordingly, the respondent was placed…
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Van Heerden N.O and Others v Danwet NO.131 (Pty) Ltd (In Liquidation) (A174/2017) [2019] ZAGPPHC 1015 (29 November 2019)
The High Court dismissed an appeal over a disputed notarial surety bond, holding it did not create a standalone suretyship in favour of the appellants.
Land and Agricultural Development Bank of South Africa v Phato Farms (Pty) Ltd and Others (58018/10) [2014] ZAGPPHC 616; 2015 (3) SA 100 (GP) (11 August 2014)
The court held that a general notarial bond is not a mortgage bond for prescription purposes and that the claim had prescribed after six years.
Absa Bank Limited v Hammerle Group (Pty) Ltd (7457/13) [2013] ZAGPPHC 402 (20 December 2013)
The court found that the applicant's claim under the loan agreement had prescribed after three years, as the debt arose from the loan agreement and not from the notarial bond. The notarial bond did not constitute a mortgage bond and therefore did not extend the prescription period to thirty years. The applicant ceased to be a creditor once the debt prescribed. The amount advanced under the Subscription and Shareholders Agreement was subordinated to other creditors and was not yet claimable, including interest. The respondent's settlement proposal letter was privileged and inadmissible as evid…
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ABSA Bank Limited v Hammerle Group (Pty) Ltd (7457/13) [2013] ZAGPPHC 369 (20 December 2013)
The court held the bank’s loan claim had prescribed, rejected liquidation, granted rectification of the loan agreement, and struck out privileged settlement material.
Griekwaland Wes Korporatief v Sherrif, Hartswater Warren Ton Vin and Others, Sherrif, Hartswater Warren Ton Vin and Another v Monanda Landbou Dienste (J2404/05) [2009] ZALC 77; (2010) 31 ILJ 632 (LC) (29 April 2009)
The Labour Court rescinded a default order after finding defective interpleader notices and holding that the applicant had shown sufficient cause and prospects of success.
South African Fruit Promoters (Edms) Bpk v Kemp N.O and Others (282/05) [2005] ZANCHC 55 (23 September 2005)
The court refused summary judgment, finding the compromise agreement ambiguous and accepting that the respondents may have a bona fide defence and rectification claim.
Western Flyer Manufacturing (Pty) Ltd v Dewrance N.O and Others (819/04) [2005] ZANWHC 10; 2007 (6) SA 459 (B) (1 January 2005)
The High Court dismissed a creditor’s section 32 insolvency application for lack of proper upfront indemnity, improper citation in the trustees’ name, and because the challenged disposition flowed from a court order.
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