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South Africa decisions
Decisions matching the current search
Manyeleti Consulting SA (Pty) Ltd v Eskom Holdings SOC Limited (50885/2021) [2025] ZAGPJHC 165 (20 February 2025)
The High Court stayed provisional sentence proceedings pending contractual adjudication under the NEC3 contract and confirmed the referral to Adv Leech SC.
Bee J Electrical CC v Latitude Property Developments (Pty) Ltd (2290/2024) [2024] ZAECQBHC 80 (10 December 2024)
The High Court dismissed a provisional sentence claim on an acknowledgment of debt, finding the payment terms vague and the document not liquid.
Super Steel LDA v Machava Trading CC (2023/008088) [2024] ZAGPJHC 137 (19 February 2024)
The High Court granted provisional sentence, finding on the papers that the signatory had actual authority to acknowledge Machava Trading CC’s debt.
Lindsey and Others v Conteh (774/2022) [2024] ZASCA 13; 2024 (3) SA 68 (SCA) (6 February 2024)
The Supreme Court of Appeal held that Californian orders for delivery of shares were not a money judgment or liquid document, so provisional sentence failed.
Axton Matrix Construction (Pty) Ltd v Mbombela Local Municipality (1062/2022) [2024] ZAMPMBHC 7 (2 February 2024)
The High Court held that construction payment certificates were not liquid documents for provisional sentence because liability required extrinsic evidence.
Solum Civils (Pty) Ltd v Tiger Business Enterprises CC and Another (55947 /2022) [2023] ZAGPJHC 1462 (14 December 2023)
The High Court granted provisional sentence against the first defendant on an acknowledgement of debt, but dismissed the claim against the surety.
MVNX (Pty) Ltd v Next 360 (Pty) Ltd and Another (028653/2022) [2023] ZAGPJHC 1500 (6 November 2023)
The High Court granted provisional sentence on an acknowledgment of debt, finding the document liquid, the NCA inapplicable, and the defendants’ payment defence unproven.
Stefanutti Stocks Housing (A Division of Stefanutti Stocks (Pty) Ltd) v Instratin Properties (Pty) Ltd (2022/032179 ; 2022/032192) [2023] ZAGPJHC 1109 (4 October 2023)
High Court refused provisional sentence on two acknowledgements of debt, holding the defendant’s CEO lacked proved authority to bind the company.
Botshabelo Consulting Engineers (Pty) Ltd v Greater Giyani Municipality (5346/2020) [2023] ZALMPPHC 61 (4 August 2023)
High Court granted provisional sentence for unpaid payment certificate and retention monies under a construction contract, finding no valid defence.
C Squared Consumer Connectedness (Pty) Ltd v HOD: Department of Sports, Arts, Culture and Recreation: Free State Provincial Government and Another (1670/2023) [2023] ZAFSHC 217 (31 May 2023)
The High Court granted provisional sentence on a remittance advice, finding it was a liquid document evidencing an unconditional debt for services rendered.
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