South Africa Case Law

Sinosa Tech (Pty) Limited v Macla Mining Pty Ltd (2023/029115)

Sinosa Tech (Pty) Limited v Macla Mining Pty Ltd (2023/029115) [2024] ZAGPJHC 1186; 2025 (3) SA 653 (GJ) (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/029115

Judge

Theron

The court found that the applicant had discharged its onus to establish the respondent's indebtedness and that the respondent failed to raise a bona fide dispute. The court held that service on the employees was sufficient, as the applicant furnished a service affidavit, attached sheriff's returns, and took additional steps to notify employees. The court rejected the respondent's argument that only the sheriff can depose to the affidavit required by Section 346(4A), finding that an attorney's affidavit supported by sheriff's returns meets the statutory requirements. The court was satisfied th…

Source excerpt

• Final Liquidation
• Service Of Process
• Companies Act 1973
• Proof Of Indebtedness

Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874)

Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-033874

Judge

Mooki

The High Court dismissed an application for leave to appeal against a final winding-up order, holding that the respondent could not raise new grounds not pleaded before.

• Leave To Appeal
• Winding Up
• Compliance With Companies Act
• Proof Of Indebtedness
• Leave-to-appeal
• Winding-up

SASFIN Bank Limited and Another v Makatsang Cleaning Services (Pty) Ltd and Others (5691/2019)

SASFIN Bank Limited and Another v Makatsang Cleaning Services (Pty) Ltd and Others (5691/2019) [2024] ZAFSHC 325 (17 October 2024)

Court

Free State High Court, Bloemfontein

Case number

5691/2019

Judge

Loubser

The Court found that the Plaintiffs had discharged their onus by producing documentary evidence of the rental agreement, guarantee, cessions, and certificate of balance. The evidence of Ms. Moyo, who had access to all relevant documents and was familiar with the transactions, was unchallenged and uncontradicted. The Defendants failed to provide any evidence to dispute the validity of the cessions or the amount claimed. The contractual provisions allowed for cession without notice and for a certificate of balance to serve as proof of indebtedness, even if issued by a cessionary. The Defendants…

Source excerpt

• Guarantee Liability
• Cession Of Rights
• Certificate Of Balance
• Proof Of Indebtedness
• Summary Judgment
• Contractual Breach

Matsopa Local Municpality v EMS Solutions (Pty) Ltd (2527/2020)

Matsopa Local Municpality v EMS Solutions (Pty) Ltd (2527/2020) [2022] ZAFSHC 60 (23 March 2022)

Court

Free State High Court, Bloemfontein

Case number

2527/2020

Judge

Van Zyl

The High Court dismissed Mantsopa Local Municipality’s application for leave to appeal, finding no reasonable prospect that another court would reach a different result.

• Leave To Appeal
• Proof Of Indebtedness
• Costs Award
• Summary Judgment
• Leave-to-appeal
• Reasonable-prospects-of-success

Firstrand Bank Limited t/a Wesbank v Luvhomba Legal Axe CC (67452/2015)

Firstrand Bank Limited t/a Wesbank v Luvhomba Legal Axe CC (67452/2015) [2017] ZAGPPHC 844 (3 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

67452/2015

Judge

M J Teffo

The High Court granted final winding-up of a close corporation after finding the creditor had shown prima facie indebtedness and the respondent raised only bare denials.

• Winding Up Of Close Corporation
• Unable To Pay Debts
• Bare Denial
• Certificate Of Balance
• Proof Of Indebtedness
• Winding-up

Home Obligors Mortgage Enhanced Securities (Pty) Limited v Louw and Another (5545/2012)

Home Obligors Mortgage Enhanced Securities (Pty) Limited v Louw and Another (5545/2012) [2016] ZAKZPHC 44 (30 May 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5545/2012

Judge

Mbatha

The High Court upheld a mortgage bond enforcement claim, found a valid cession from ABSA, and declared the property executable against the first defendant.

• Mortgage Bond Enforcement
• Cession Of Debt
• National Credit Act Compliance
• Proof Of Indebtedness
• Jurisdiction
• Securitisation

Distell Limited v Melody Hills Trading Proprietary Limited (10404/2013, 10403/2013)

Distell Limited v Melody Hills Trading Proprietary Limited (10404/2013, 10403/2013) [2015] ZAKZDHC 36 (24 April 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

10404/2013, 10403/2013

Judge

Ntshangase

The High Court confirmed provisional liquidation orders against the respondent and its guarantor, finding the applicant proved a debt and commercial insolvency.

• Winding Up Of Company
• Commercial Insolvency
• Creditor Standing
• Delivery Of Goods
• Proof Of Indebtedness
• Winding-up-of-company

Tusk Construction Support Services (Pty) Ltd v Stopforth and Others (70737/2012)

Tusk Construction Support Services (Pty) Ltd v Stopforth and Others (70737/2012) [2014] ZAGPPHC 446 (20 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

70737/2012

Judge

Makhubele AJ

High Court held that a declaration based on suretyship and a certificate of balance was not vague and embarrassing; the exception was dismissed with costs.

• Suretyship
• Certificate Of Balance
• Vague And Embarrassing Pleading
• Proof Of Indebtedness
• Certificate-of-balance
• Vague-and-embarrassing-pleading

E H Hassim Hardware t/a E H Hassim v Silangos Managemnt Systems CC (66580/2012)

E H Hassim Hardware t/a E H Hassim v Silangos Managemnt Systems CC (66580/2012) [2013] ZAGPPHC 285 (10 October 2013)

Court

North Gauteng High Court, Pretoria

Case number

66580/2012

Judge

E M Kubushi

The High Court refused to liquidate a close corporation where the debt had largely been paid down and only a small balance remained in dispute.

• Winding Up Of Company
• Just And Equitable Ground
• Judicial Discretion
• Company Debt
• Proof Of Indebtedness
• Winding-up-of-company

Lichtenburg Graan Trustrees (Edms) Bpk v PJ & ILM Boerdery (75/04)

Lichtenburg Graan Trustrees (Edms) Bpk v PJ & ILM Boerdery (75/04) [2007] ZANWHC 1 (15 January 2007)

Court

North West High Court, Mafikeng

Case number

75/04

Judge

A A Landman

The court granted a final liquidation order against the respondent after finding LGT was a creditor, the debt was enforceable, and the respondent could not pay.

• Company Liquidation
• Creditor Standing
• Conditional Claims
• Delivery Of Goods
• Proof Of Indebtedness
• Company-liquidation