South Africa Case Law

Black Mountain Mining (Pty) Limited v Lead Engineering and Projects (Pty) Limited (2025/007209)

Black Mountain Mining (Pty) Limited v Lead Engineering and Projects (Pty) Limited (2025/007209) [2025] ZAGPJHC 136 (24 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/007209

Judge

Adams

The High Court reconsidered an urgent ex parte order perfecting a notarial bond and excluded the respondent’s Absa Bank accounts and debtors’ book from its scope.

• Urgent Application
• Reconsideration Of Ex Parte Order
• Notarial Bond Perfection
• Cession Of Debtors
• Priority Of Real Rights
• Urgent-application

IThala Development Finance Corporation Ltd v Loyisa Consulting and Projects CC and Others (10399/2023P)

IThala Development Finance Corporation Ltd v Loyisa Consulting and Projects CC and Others (10399/2023P) [2025] ZAKZPHC 4 (21 January 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10399/2023P

Judge

Mossop

The court cancelled a large business loan agreement, entered judgment for the outstanding debt, and ordered execution against secured property and bonded movables.

• Loan Agreement Cancellation
• Suretyship Liability
• Certificate Of Balance
• Special Executability
• Notarial Bond Perfection
• Loan-agreement-cancellation

Gouws and Others v Spar Group Limited (187/2022)

Gouws and Others v Spar Group Limited (187/2022) [2024] ZANCHC 105 (15 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

187/2022

Judge

Lever

The court found that the plaintiff had pleaded sufficient facts to sustain its claim against the defendants as sureties for the principal debtor. The notarial bond provisions, read with the perfection order, afforded the plaintiff wide discretion to manage and control the assets and business of the principal debtor. The distinction between facta probanda and facta probantia was critical; the plaintiff was not required to plead every evidentiary detail, only the material facts necessary to support its right to judgment. The exception was dismissed because, accepting the plaintiff's allegations…

Source excerpt

• Exception To Particulars Of Claim
• Suretyship Liability
• Notarial Bond Perfection
• Facta Probanda Vs Facta Probantia

Engen Petroleum (Pty) Ltd v Sash Productions (Pty) Ltd t/a Sash Logistics (5244/2024)

Engen Petroleum (Pty) Ltd v Sash Productions (Pty) Ltd t/a Sash Logistics (5244/2024) [2024] ZAMPMHC 57 (18 October 2024)

Court

Middelburg High Court, Mpumalanga

Case number

5244/2024

Judge

Malangeni

Urgent application to perfect notarial bond security was struck off for lack of urgency. The court found no proven risk of asset dissipation and no need for costs.

• Urgent Application
• Notarial Bond Perfection
• Acknowledgment Of Debt
• Suretyship Liability
• Urgent-application
• Notarial-bond-perfection

Segwit Southern Africa (Pty) Ltd v Kwality Group Africa (Pty) Ltd (2022/021132)

Segwit Southern Africa (Pty) Ltd v Kwality Group Africa (Pty) Ltd (2022/021132) [2024] ZAGPPHC 768 (30 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022/021132

Judge

Van der Merwe

The court awarded attorney-and-client costs after the respondent’s late Rule 34 tender and payment, holding the applicant had not accepted a compromise.

• Notarial Bond Perfection
• Rule 34 Tender
• Costs Award
• Settlement Offer
• Loan Agreement
• Rule-34-tender

Pick n Pay Retailers (Pty) Ltd v Cascade Avenue Trading 158 (Pty) Ltd (150/2024)

Pick n Pay Retailers (Pty) Ltd v Cascade Avenue Trading 158 (Pty) Ltd (150/2024) [2024] ZANCHC 18 (26 February 2024)

Court

Northern Cape High Court, Kimberley

Case number

150/2024

Judge

Phatshoane

The applicant established urgency due to ongoing commercial loss and risk to its security, and acted promptly in bringing the application. The respondent's payments were appropriately allocated to historical debt in terms of the agreement, and the respondent remained indebted to the applicant. The contractual provisions entitle the applicant to perfect its security under the General Notarial Bond, and court oversight is required for such perfection. The respondent's arguments regarding the punitive nature of perfection and the alleged supplementation of the applicant's case in reply were reje…

Source excerpt

• Notarial Bond Perfection
• Urgent Interdict
• Franchise Agreement Breach
• Allocation Of Payments
• Security Enforcement

Maree and Another v Standard Bank of South Africa Limited (3372/2023)

Maree and Another v Standard Bank of South Africa Limited (3372/2023) [2024] ZAFSHC 51 (22 February 2024)

Court

Free State High Court, Bloemfontein

Case number

3372/2023

Judge

Loubser

The High Court dismissed an application for leave to appeal against an interim order confirming perfection of notarial bonds, finding no reasonable prospect of success.

• Leave To Appeal
• Interim Orders
• Notarial Bond Perfection
• Duress In Contract
• Settlement Agreement
• Leave-to-appeal

Spar Group Limited v Meadowview Trading 147 CC t/a Meyerton Spar and Tops (2022/013036)

Spar Group Limited v Meadowview Trading 147 CC t/a Meyerton Spar and Tops (2022/013036) [2022] ZAGPJHC 637 (5 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/013036

Judge

Strydom

The High Court granted leave to perfect security under two General Notarial Bonds, rejecting arguments that enforcement was unconscionable or should be refused in discretion.

• Notarial Bond Perfection
• Specific Performance
• Security Rights
• Public Policy
• Urgent Interdict
• Notarial-bond-perfection

SPE Project Management CC v Blignaut N.O and Others (4707/2020)

SPE Project Management CC v Blignaut N.O and Others (4707/2020) [2021] ZAFSHC 328 (21 December 2021)

Court

Free State High Court, Bloemfontein

Case number

4707/2020

Judge

N S Daniso

The High Court discharged a rule nisi to perfect a notarial bond, finding the applicant failed to disclose material facts in an ex parte urgent application.

• Notarial Bond Perfection
• Ex Parte Applications
• Urgent Interdict
• Good Faith Disclosure
• Loan Agreements
• Notarial-bond-perfection

Meyer and Another v Van Der Riet (1656/2021)

Meyer and Another v Van Der Riet (1656/2021) [2021] ZAFSHC 218 (13 September 2021)

Court

Free State High Court, Bloemfontein

Case number

1656/2021

Judge

C Reinders

The High Court issued a rule nisi and interim attachment to secure a debt under a notarial bond, but refused to authorize sale of the assets while no amount was due under the AOD.

• Notarial Bond Perfection
• Security Rights
• Attachment Of Assets
• Breach Of Bond Terms
• Notarial-bond-perfection
• Attachment-of-assets