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

Firstrand Bank Limited v Na-Myns Boerdery (Pty) Ltd and Others (2400/2021; 2401/2021)

Firstrand Bank Limited v Na-Myns Boerdery (Pty) Ltd and Others (2400/2021; 2401/2021) [2025] ZANCHC 15 (28 February 2025)

Court

Northern Cape High Court, Kimberley

Case number

2400/2021; 2401/2021

Judge

Williams

The High Court granted summary judgment to Firstrand Bank on overdraft claims against two companies and their sureties, rejecting the defendants’ pleaded defences.

• Summary Judgment
• Overdraft Facility
• Suretyship Liability
• Liquid Document
• Penalty Interest
• Summary-judgment

ABSA Bank Limited v Laduma Foods and Others (3083/2024)

ABSA Bank Limited v Laduma Foods and Others (3083/2024) [2025] ZALMPPHC 35 (11 February 2025)

Court

Limpopo High Court, Polokwane

Case number

3083/2024

Judge

Bresler

The High Court granted summary judgment for ABSA against all defendants after finding the plea was a bare denial and the offered security was insufficient.

• Summary Judgment
• Suretyship
• Overdraft Facility
• Contract Breach
• Security For Judgment
• Summary-judgment

Standard Bank of South Africa Limited and Another v RM Beton CC and Others (688/2024)

Standard Bank of South Africa Limited and Another v RM Beton CC and Others (688/2024) [2024] ZAFSHC 410 (24 December 2024)

Court

Free State High Court, Bloemfontein

Case number

688/2024

Judge

Mhlambi

The court refused summary judgment on claims 1, 2 and 4 against some defendants, but granted it on claim 2 against the first and second defendants.

• Summary Judgment
• Suretyship
• Overdraft Facility
• Business Term Loan
• Fleet Management Agreement
• Summary-judgment

Standard Bank of South Africa Limited v Nekses Communication (Pty) Ltd and Another (2023-043387)

Standard Bank of South Africa Limited v Nekses Communication (Pty) Ltd and Another (2023-043387) [2024] ZAGPPHC 589 (21 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-043387

Judge

Yvan Coertzen

The court found that the overdraft agreement provided the applicant with several remedies in the event of default, including the option to commence legal proceedings without the requirement of prior written notice to the first respondent to rectify the default. The relevant clauses used permissive language ('may'), indicating that giving notice was not mandatory but one of several alternatives. The applicant was therefore entitled to demand repayment and institute proceedings as soon as default occurred, which was established and uncontested. The second respondent's liability as guarantor was…

Source excerpt

• Overdraft Facility
• Guarantee Liability
• Certificate Of Balance
• Contractual Default
• Attorney And Client Costs

Firstrand Bank Limited v K and M International Trading (Pty) Ltd and Others (44155/2018)

Firstrand Bank Limited v K and M International Trading (Pty) Ltd and Others (44155/2018) [2024] ZAGPJHC 73 (30 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

44155/2018

Judge

Mahomed

The court found that the error in the citation of the first respondent was genuine and that all parties were aware of the correct entity. The respondents suffered no prejudice from the correction, and the interests of justice required that the applicant be permitted to file a supplementary affidavit. The respondents' defences based on the cession agreement and alleged indulgences were rejected, as the overdraft agreement contained a non-variation clause and no written indulgence was granted. The respondents had acknowledged their indebtedness and liability in correspondence, and their substan…

Source excerpt

• Overdraft Facility
• Suretyship
• Affidavit Amendment
• Non Variation Clause
• Interest On Debt

Firstrand Bank Limited t/a First National Bank v Mica Foods CC and Another (1465/2022P)

Firstrand Bank Limited t/a First National Bank v Mica Foods CC and Another (1465/2022P) [2023] ZAKZPHC 88 (23 August 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1465/2022P

Judge

Mngadi

Summary judgment was granted for a bank on overdraft and loan claims after the defendants failed to disclose a bona fide defence.

• Summary Judgment
• Overdraft Facility
• Suretyship
• Revolving Loan Agreement
• National Credit Act Compliance
• Summary-judgment

Flexi Fuel Logistics (Pty) Ltd v Nedbank Ltd and Others (2022/23189)

Flexi Fuel Logistics (Pty) Ltd v Nedbank Ltd and Others (2022/23189) [2023] ZAGPJHC 586 (29 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/23189

Judge

Moorcroft

The High Court dismissed an enrichment claim against Nedbank over a mistaken payment into an overdrawn customer account, holding the bank was not enriched.

• Unjustified Enrichment
• Bank Customer Relationship
• Set Off
• Payment In Error
• Condictio Indebiti
• Overdraft Facility

ABSA Bank Limited v Classic Accessories CC and Others (2022/004177)

ABSA Bank Limited v Classic Accessories CC and Others (2022/004177) [2023] ZAGPJHC 492 (16 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/004177

Judge

R M Keightley

High Court summary judgment for Absa on an overdraft debt. The court rejected National Credit Act and pleading-defect defences and held the sureties liable.

• Overdraft Facility
• Suretyship
• National Credit Act Exclusion
• Summary Judgment Requirements
• Certificate Of Balance
• Summary-judgment

ABSA Bank Limited v Longchamp Turf Investments (PTY) Ltd and Others (7753/2015)

ABSA Bank Limited v Longchamp Turf Investments (PTY) Ltd and Others (7753/2015) [2022] ZAGPJHC 784 (11 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

7753/2015

Judge

N Manoim

The High Court refused leave to appeal against a final winding-up order, finding ABSA had established the term loan and overdraft claims and that no appealable prospect existed.

• Final Winding Up
• Leave To Appeal
• Term Loan Agreement
• Unjust Enrichment
• Overdraft Facility
• Leave-to-appeal