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South Africa decisions
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Kebrascan (Pty) Ltd t/a Engen Market Gateway and Others v Engen Petroleum Limited (A2023-114292) [2024] ZAGPJHC 1271 (12 December 2024)
Appeal against a reduced debt award failed, while the cross-appeal succeeded. The High Court restored the full claim and held the suretyships remained binding.
Winners of Success Trading 7 CC v Jehovah Jireh Orphanage Home and Another (5394/2022) [2024] ZAFSHC 387 (27 November 2024)
The court dismissed a contractor’s claim for payment on an orphanage project, finding no prima facie proof of certification, invoicing, or the claimed quantum.
Aristocraft (Pty) Ltd v Paintchem (Pty) Ltd (A214/2023; 3711/2022) [2024] ZAGPPHC 480 (13 May 2024)
The High Court dismissed an appeal against the dismissal of an exception, holding the particulars of claim were sufficiently pleaded, jurisdiction was properly pleaded, and no serious prejudice was shown.
Transnet SOC Ltd v Zepe N.O (2771/2017) [2023] ZAECMKHC 57 (25 April 2023)
The High Court granted Transnet judgment for arrear rental under three expired lease agreements, relying on contractual certificates of indebtedness and awarding attorney-and-client costs.
M.J.M v N.C.M and Others (HCAA 04/2022) [2022] ZALMPPHC 69 (6 December 2022)
The majority found that the appellant had proved, on a balance of probabilities, the existence of a customary marriage with the deceased, registered on 13 March 1979, as evidenced by annexure FA 3. The court held that this document, containing the appellant's and deceased's particulars and the date of marriage, constituted prima facie proof under section 4(8) of the Recognition of Customary Marriages Act. There was no evidence of fraud or illegality to rebut this presumption. Consequently, the subsequent civil marriage between the deceased and the first respondent, contracted on 23 December 1…
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Mgenge v Mokoena and Another (4888/2020) [2021] ZAGPJHC 58 (21 April 2021)
The court did not decide whether a customary marriage existed, and instead referred the dispute to oral evidence because the affidavit record was insufficiently clear.
Marcus Farming CC and Others v Land and Agricultural Development Bank of South Africa (A222/2018) [2020] ZAGPPHC 537 (19 August 2020)
The High Court dismissed an appeal against summary judgment, holding that the National Credit Act did not apply to the juristic-person loan and related suretyships.
Ndebele v S (A197/2018) [2019] ZAGPJHC 111 (9 April 2019)
The court found the appellant's version of events to be contradictory and highly improbable, while the police officers' evidence was consistent and corroborated. Expert ballistic testimony established that the firearm, although missing a firing pin and safety selector, was manufactured to discharge centre-fire ammunition and could be repaired, thus meeting the statutory definition of a firearm. The absence of extensive repairs meant the device was not derelict. The trial court's findings were not materially misdirected, and the conviction on both counts was upheld. The sentence imposed was ju…
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Moloi v S (A862/14) [2017] ZAGPPHC 779 (3 November 2017)
The High Court dismissed a rape appeal, finding the complainant credible on material issues and the DNA evidence sufficient to link the appellant to the offence.
Land and Agricultural Development Bank of South Africa v Marcus M Farming CC and Others (32745/17) [2017] ZAGPPHC 1058 (6 September 2017)
The court found that the Land Bank's cause of action was properly formulated and verified, and that the alternative averments regarding the National Credit Act did not constitute mutually destructive causes of action. The National Credit Act's provisions on reckless credit do not apply to Marcus M Farming CC as it is a juristic person, and the sureties are not consumers under the Act. The defences raised by the defendants were either not supported by facts or were not bona fide in law. The allegations regarding lack of particulars of breach and the challenge to the certificates of balance wer…
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