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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 455

Turner Morris One (Pty) Ltd v Steyn (2024/018423)

Turner Morris One (Pty) Ltd v Steyn (2024/018423) [2025] ZAGPJHC 455 (12 May 2025)

The High Court dismissed a sequestration application after finding a bona fide and reasonable dispute about the alleged debt, with each party ordered to bear its own costs.

  • Sequestration
  • Acknowledgement Of Debt
  • Bona Fide Dispute
  • Oral Loan Agreement
  • Practice Directive Costs
  • Bona-fide-dispute
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Civil Procedure [2023] ZAFSHC 389

Smith N.O and Others v Dabula Manzi Farmers (Pty) Ltd (5874/2021)

Smith N.O and Others v Dabula Manzi Farmers (Pty) Ltd (5874/2021) [2023] ZAFSHC 389 (9 October 2023)

High Court decision dismissing an exception to amended particulars of claim in an oral loan dispute. The court held the pleading was sufficiently clear and not vague or embarrassing.

  • Exception To Pleading
  • Oral Loan Agreement
  • Vague And Embarrassing
  • Breach Of Contract
  • Quantum Of Claim
  • Exception-to-pleading
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Commercial And Corporate [2018] ZAGPJHC 644

Proprietary Limited v Techtronic Technology Solutions Proprietary Limited (24915/2018)

Proprietary Limited v Techtronic Technology Solutions Proprietary Limited (24915/2018) [2018] ZAGPJHC 644 (6 December 2018)

The High Court granted a provisional winding-up order after finding a valid oral loan, part payment, and evidence that the respondent could not pay its debts.

  • Winding Up Of Company
  • Commercial Insolvency
  • Oral Loan Agreement
  • Creditor Claim
  • Just And Equitable Ground
  • Winding-up-of-company
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Civil Procedure [2017] ZAFSHC 129

Hagemann N.O. v Hagemann N.O. and Others (1427/2017)

Hagemann N.O. v Hagemann N.O. and Others (1427/2017) [2017] ZAFSHC 129 (10 August 2017)

Summary judgment was refused in a trust loan dispute after the court accepted that the trustees had raised a bona fide defence disputing the alleged oral loans.

  • Summary Judgment
  • Oral Loan Agreement
  • Trustee Liability
  • Defence In Summary Judgment
  • Summary-judgment
  • Oral-loan-agreements
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Civil Procedure [2015] ZAECGHC 97

Hamer v Bruyns (2287/2015)

Hamer v Bruyns (2287/2015) [2015] ZAECGHC 97 (4 September 2015)

The court dismissed a summary judgment application after finding that the defendant raised a bona fide jurisdictional defence and granted leave to defend.

  • Summary Judgment
  • Jurisdiction
  • Oral Loan Agreement
  • Acknowledgment Of Debt
  • Unjust Enrichment
  • Summary-judgment
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Commercial And Corporate [2014] ZAGPPHC 647

De Klerk v Botha (66489/2011)

De Klerk v Botha (66489/2011) [2014] ZAGPPHC 647 (27 August 2014)

The court dismissed a claim for R4.7 million, finding the plaintiff failed to prove the money was lent to the defendant personally rather than to companies.

  • Oral Loan Agreement
  • Burden Of Proof
  • Acknowledgement Of Debt
  • Guarantee Vs Personal Liability
  • Oral-loan-agreement
  • Burden-of-proof
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Family And Children [2011] ZAKZDHC 58

I.H.L v A.M.L (4172/2007)

I.H.L v A.M.L (4172/2007) [2011] ZAKZDHC 58 (29 November 2011)

High Court divorce judgment dissolving the marriage, rejecting annulment, forfeiture, and universal partnership claims, and ordering repayment of a proven oral loan.

  • Irretrievable Breakdown Of Marriage
  • Forfeiture Of Assets
  • Universal Partnership
  • Oral Loan Agreement
  • Section 5a Divorce Act
  • Damages In Reconvention
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.