South Africa Case Law

Jamco Supplies CC v Preference Capital (Pty) Ltd (2025/103438)

Jamco Supplies CC v Preference Capital (Pty) Ltd (2025/103438) [2025] ZAGPJHC 758 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/103438

Judge

BC Wanless

The court held that the perfection order granted to the respondent did not authorise the respondent or the sheriff to deny the applicant access to its business premises or to prevent it from trading. The language of the order was clear and did not contain any provision permitting the locking of the premises or exclusion of the applicant. The respondent could have sought such relief in its perfection application or approached the court for further relief, but failed to do so. The respondent's reliance on Contract Forwarding was misplaced, as the facts and the terms of the order in that case we…

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• Urgent Interdict
• Perfection Of Notarial Bond
• Access To Business Premises
• Interpretation Of Court Orders

Pick'n Pay Retailers Proprietary Limited v Northern Suburbs Supermarket Proprietary Limited (2024/083061)

Pick'n Pay Retailers Proprietary Limited v Northern Suburbs Supermarket Proprietary Limited (2024/083061) [2024] ZAGPJHC 765 (2 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/083061

Judge

Senyatsi

The High Court granted Pick n Pay urgent perfection of a general notarial covering bond against a distressed franchisee and struck the respondent’s counter-application.

• Perfection Of Notarial Bond
• Franchise Agreement
• Urgent Interdict
• Specific Performance
• Right Of First Refusal
• Perfection-of-notarial-bond

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

Standard Bank of South Africa Limited v Maree and Another (3372/2023) [2023] ZAFSHC 471 (7 December 2023)

Court

Free State High Court, Bloemfontein

Case number

3372/2023

Judge

Loubser

The High Court confirmed an extended rule nisi after finding a settlement agreement bound the respondents and that they had not proved duress.

• Perfection Of Notarial Bond
• Interim Interdict
• Settlement Agreement
• Duress
• Costs Order
• Rule-nisi

ABSA Bank Limited v Go On Supermarket (Pty) Limited (The Spar Group Limited intervening) (9442/2022)

ABSA Bank Limited v Go On Supermarket (Pty) Limited (The Spar Group Limited intervening) (9442/2022) [2022] ZAGPJHC 173 (24 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

9442/2022

Judge

Adams

The court found that ABSA was entitled to perfect its security under the general notarial bond during business rescue proceedings, as business rescue constitutes a form of judicial management, triggering ABSA's rights under the bond. The business rescue practitioner's consent to the perfection was valid, and symbolic possession through the practitioner as ABSA's agent was sufficient to establish a real right of pledge. The Spar Group Limited was granted leave to intervene due to its substantial interest as a major creditor and holder of a special notarial bond. The court agreed that assets su…

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• Perfection Of Notarial Bond
• Business Rescue
• Priority Of Security Rights
• Pledge And Real Rights
• Urgent Interdict
• Creditor Intervention

Spar Group Limited v Ditisfolbring (Pty) Limited t/a Spar Vrede (3031/2020)

Spar Group Limited v Ditisfolbring (Pty) Limited t/a Spar Vrede (3031/2020) [2020] ZAFSHC 157 (4 September 2020)

Court

Free State High Court, Bloemfontein

Case number

3031/2020

Judge

Grobler, AJ

The court found that the respondent was in arrears and had failed to pay the amount due to Spar, as evidenced by the financial records and annexure FA8. The terms of the notarial bonds entitled Spar to perfect the bonds and take possession of the movable property if its interests were imperilled or if the respondent was in breach. The deadlock between the directors and the ongoing divorce proceedings created a situation where Spar's interests and the reputation of its brand were at risk. Even if there was no breach of the sales agreement, the circumstances justified Spar's entitlement to reli…

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• Perfection Of Notarial Bond
• Security For Debt
• Urgent Interdict
• Accessory Obligation

Green NO and Others v Aquaride Entertainment CC t/a Vista Marina (11141; 15887/2018)

Green NO and Others v Aquaride Entertainment CC t/a Vista Marina (11141; 15887/2018) [2018] ZAWCHC 145 (8 November 2018)

Court

Western Cape High Court, Cape Town

Case number

11141; 15887/2018

Judge

Binns-Ward

The applicants, as trustees of the Two Oceans Aquarium Trust, were entitled to final perfection of the general notarial bond over the respondent's movable property and to ejectment of the respondent from the leased premises. The respondent's defences lacked merit. Urgency is inherent in perfection proceedings, and the respondent's challenge on this ground was ill-advised. The deponent's authority was not in issue, and any challenge to attorneys' authority was not properly raised. Discrepancies between the registered bond and the draft were superficial and permitted by the power of attorney. T…

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• Perfection Of Notarial Bond
• Ejectment
• Lease Termination
• National Credit Act Exclusion
• Lis Alibi Pendens
• Arbitration Clause Exclusion

Engen Petroleum Limited v Moodley NO and Another (2016/00276)

Engen Petroleum Limited v Moodley NO and Another (2016/00276) [2017] ZAGPJHC 78 (16 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/00276

Judge

Roland Sutherland

The court confirmed perfection of notarial bond security and made a provisional sequestration order final, finding the respondent insolvent and the opposition meritless.

• Sequestration Of Trader
• Perfection Of Notarial Bond
• Creditors Security
• Insolvency Act Section 8
• Attorney And Client Costs
• Perfection-of-notarial-bond