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South Africa decisions
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Auto Commodities (Pty) Ltd v Ettienne and Christine Makarios (Pty) Ltd (2024/002133) [2025] ZAGPJHC 676 (16 May 2025)
A diesel-supply debt claim in motion proceedings was removed from the roll after disputed settlement terms and part-payments made final relief inappropriate.
KP De Lange Trading (Pty) Ltd v HWBH Group (Pty) Ltd (918/2021) [2024] ZAFSHC 129 (10 May 2024)
The court found that the plaintiff had proved, on a balance of probabilities, the existence of a verbal agreement for the supply of maize chop at market price plus commission, with payment due within 48 hours of invoice. The evidence established that the plaintiff delivered the goods and that the defendant failed to pay the claimed amount. The defendant's version of the agreement was rejected due to lack of corroboration and failure to produce banking or audited bookkeeping records to substantiate alleged payments. The defendant's own affidavit in support of a rescission application was consi…
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Cooper N.O and Another v Matjhabeng Local Municipality and Another (4733/2023) [2024] ZAFSHC 93 (22 March 2024)
The court found that the first respondent did not comply with the settlement agreement, as payment was made into an account not nominated by Oxy Trading or its executor. The settlement agreement expressly required payment into the trust account of the executor, and neither Major Issues Trading 501 CC nor the second respondent was authorised to receive payment on behalf of the applicants. The first respondent's reliance on payment into the incorrect account was untenable, and its defence lacked merit. The applicants established their entitlement to the outstanding R5,000,000.00, interest, and…
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Allmed Healthcare Professionals (Pty) Ltd v Gauteng Department of Health and Others (2023/77864) [2023] ZAGPJHC 1007 (8 September 2023)
Urgent application for payment of an admitted debt under a nursing services contract succeeded, with interest and party-and-party costs ordered.
Hykue Supply Company (Pty) Ltd and Another v Khulio (Pty) Ltd and Others (11521 / 2020) [2021] ZAGPJHC 668 (8 November 2021)
The High Court granted judgment for an admitted debt after finding no material factual dispute, despite a disputed formal settlement agreement.
Ezulweni Investments (Pty)Ltd v African National Congress (19/32332) [2020] ZAGPJHC 302 (17 September 2020)
The High Court held that the ANC was bound by an oral contract for 30,000 PVC banners, finding its officials had authority and the applicant had performed.
Lotter and Others v Sekekete and Others (125/2017) [2020] ZAFSHC 32 (26 February 2020)
Court held the first defendant contracted with the plaintiffs for water delivery and rejected the defendants’ version after weighing conflicting evidence.
DPI Plastics (Pty) Limited Trading as Incledon v Route 7 Trading 181 CC and Another (CC23195/2013) [2017] ZAGPPHC 638 (3 October 2017)
The High Court found the plaintiff proved delivery and performance under a credit agreement, and granted judgment for the unpaid balance, interest, and costs.
Areff International Ltd v Wild Elements Apparel (Pty) Ltd (21495/15; 21496/15) [2017] ZAGPPHC 210 (25 May 2017)
The High Court ordered payment of two admitted debts and refused to delay enforcement pending an unproven counterclaim, which it found unsupported and inadmissible.
Willem Swanepoel Bouers CC v Mont Blanc Construction (Pty) Ltd (36738/15) [2016] ZAGPJHC 346 (5 October 2016)
Opposed provisional liquidation application dismissed because the debt was bona fide disputed and insolvency was not established on the papers.
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