South Africa Case Law

Pick n Pay Retailers Proprietary Limited v Lakeside City Trading 226 Proprietary Limited t/a Pick n Pay Family Store Protea North (2025-056881)

Pick n Pay Retailers Proprietary Limited v Lakeside City Trading 226 Proprietary Limited t/a Pick n Pay Family Store Protea North (2025-056881) [2025] ZAGPPHC 505 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-056881

Judge

Roux AJ

Urgent application granted to perfect a general notarial covering bond over the respondent’s movable assets; the counterapplication for a stay was struck.

• Notarial Covering Bond
• Franchise Agreement Enforcement
• Urgent Interdict
• Specific Performance
• Contractual Variation
• Promotion Of Access To Information Act

Nedbank Limited v Weidman N.O and Others (31/2020)

Nedbank Limited v Weidman N.O and Others (31/2020) [2020] ZAFSHC 267 (26 March 2020)

Court

Free State High Court, Bloemfontein

Case number

31/2020

Judge

N.S. Daniso

High Court provisional sequestration granted against a trust estate after finding a prima facie claim, insolvency, and creditor advantage.

• Provisional Sequestration
• Act Of Insolvency
• Creditor Claims
• Notarial Covering Bond
• Condonation Of Late Filing
• Provisional-sequestration

Lomotek Polymers (Pty) Limited v Sheercorps CC t/a Pennells Tanks (72565/2012)

Lomotek Polymers (Pty) Limited v Sheercorps CC t/a Pennells Tanks (72565/2012) [2014] ZAGPPHC 730 (22 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

72565/2012

Judge

Jansen

The court found material disputes of fact about the debt secured by a notarial covering bond and referred the application to trial under Rule 6(5)(g).

• Notarial Covering Bond
• Security For Debt
• Dispute Of Fact
• Referral To Trial
• Rule 6 5 G
• Set Off

Farmsecure v Strauss (4994/2013)

Farmsecure v Strauss (4994/2013) [2014] ZAFSHC 56 (25 April 2014)

Court

Free State High Court, Bloemfontein

Case number

4994/2013

Judge

Moloi

The applicant failed to prove the respondent's indebtedness for the claimed amount, as the only evidence presented was a certificate of indebtedness issued by the applicant itself. Such certificates, according to binding authority, are invalid as conclusive proof and cannot substantiate the claim. Without prima facie proof of debt, the respondent was not required to rebut the claim. The application for judgment and perfection of the notarial covering bond was therefore unsubstantiated. The applicant, having chosen to proceed by way of application rather than summons, was unable to adduce furt…

Source excerpt

• Notarial Covering Bond
• Certificate Of Indebtedness
• Proof Of Debt
• Summary Judgment
• Credit Agreements

First Rand Bank Ltd v E Marais Incorporated (67542/13)

First Rand Bank Ltd v E Marais Incorporated (67542/13) [2013] ZAGPPHC 315 (1 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

67542/13

Judge

Mothle S P

The High Court held that the respondent had not properly filed business rescue proceedings, so the section 133 moratorium did not bar the applicant’s security enforcement.

• Business Rescue Proceedings
• Notarial Covering Bond
• Security Perfection
• Stay Of Proceedings
• Business-rescue-proceedings
• Notarial-covering-bond

Buying Exchange Company v Araujo and Another (2420/2007)

Buying Exchange Company v Araujo and Another (2420/2007) [2007] ZAFSHC 120 (1 November 2007)

Court

Free State High Court, Bloemfontein

Case number

2420/2007

Judge

M.M. Mabesele

The High Court discharged a rule nisi for perfection of a notarial covering bond after finding a material dispute of fact about the underlying debt.

• Notarial Covering Bond
• Dispute Of Fact
• Motion Vs Action
• Security For Debt
• Notarial-covering-bond
• Dispute-of-fact