South Africa Case Law

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022)

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022) [2025] ZALMPPHC 151 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2024

Judges

Bresler AJ, Ngobeni J, Mangena AJ

The court found that the dispute regarding the calculation of the outstanding balance under the loan agreement was genuine and material, as the required monthly reconciliation and sign-off by both parties had not occurred. The respondent's reliance on a certificate of balance was insufficient to establish the claim on a balance of probabilities, given the lack of compliance with the prescribed methodology and the omission of branding costs. The matter was not suitable for determination on affidavit, and the application procedure was inappropriate in the circumstances. The court held that the…

Source excerpt

• Motion Proceedings
• Loan Agreement Dispute
• Quantification Of Claim
• Genuine Dispute Of Fact
• Referral To Trial

Capability BPO Global (Pty) Ltd and Others v Fore Consulting and Management BV and Others (AR384/2023; D3962/2022)

Capability BPO Global (Pty) Ltd and Others v Fore Consulting and Management BV and Others (AR384/2023; D3962/2022) [2025] ZAKZPHC 67 (20 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR384/2023; D3962/2022

Judges

Balton, Harrison, Oliff

High Court appeal allowed after finding material disputes of fact in a corporate oppression and delinquency dispute, with the matter referred to trial.

• Delinquent Director
• Minority Oppression
• Shareholder Rights
• Consultancy Agreement
• Referral To Trial
• Delinquent-director

Brand v Potgieter and Others (010361/2024)

Brand v Potgieter and Others (010361/2024) [2025] ZAGPJHC 561 (4 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

010361/2024

Judge

N P Mali

The High Court set aside a Companies Act referral-to-trial interlocutory application as an irregular step because the same relief was already sought in the main application.

• Irregular Step
• Section 163 Companies Act
• Oppressive Conduct
• Referral To Trial
• Costs Order
• Irregular-step

Van Der Weele and Another v Da Costa (2023/123982)

Van Der Weele and Another v Da Costa (2023/123982) [2025] ZAGPJHC 198 (27 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/123982

Judge

PJ Du Plessis

The High Court referred an opposed motion to trial after finding serious factual disputes about a failed business venture, an acknowledgment of debt, and alleged duress.

• Unjustified Enrichment
• National Credit Act
• Duress
• Referral To Trial
• Acknowledgement Of Debt
• Referral-to-trial

Milkor (Pty) Ltd v Evotex Engineering (Pty) Ltd (005559/23)

Milkor (Pty) Ltd v Evotex Engineering (Pty) Ltd (005559/23) [2025] ZAGPPHC 138 (17 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

005559/23

Judge

T E Joyini

The High Court referred an opposed contract-cancellation application and counter-application to trial because the papers revealed extensive disputes of fact.

• Contract Cancellation
• Material Breach
• Motion Proceedings
• Dispute Of Fact
• Referral To Trial
• Contract-cancellation

Khanzi v Bhamjee and Others (26382/22)

Khanzi v Bhamjee and Others (26382/22) [2024] ZAGPPHC 1264 (3 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

26382/22

Judge

E van der Schyff

The High Court referred an eviction application to trial because the parties raised material disputes of fact about ownership and occupation of the property.

• Eviction
• Dispute Of Fact
• Motion Proceedings
• Referral To Trial
• Dispute-of-fact
• Motion-proceedings

Sternwood Products (Pty) Ltd and Others v CNR Prop (Pty) Ltd and Others (608/2023)

Sternwood Products (Pty) Ltd and Others v CNR Prop (Pty) Ltd and Others (608/2023) [2024] ZAECQBHC 69 (15 October 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

608/2023

Judge

Brody

The High Court referred a Markman manganese dust nuisance dispute to trial, finding material factual disputes and awarding costs against the applicants.

• Nuisance
• Environmental Pollution
• Dust Control
• Municipal Regulation
• Referral To Trial
• Expert Evidence

Atlantic Oil Inland (Pty) Ltd v Nellock Motors CC and Others (4314/2023)

Atlantic Oil Inland (Pty) Ltd v Nellock Motors CC and Others (4314/2023) [2024] ZAFSHC 137 (6 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4314/2023

Judge

Molitsoane

The High Court refused interim interdictory relief in a contractual dispute over fuel supply and service-station refurbishment, and referred the matter to trial.

• Interim Interdict
• Specific Performance
• Contractual Dispute
• Referral To Trial
• Interim-interdict
• Contract-dispute

Parker v Quantum Leap Investments 386 (Pty) Ltd and Another (5766/2023)

Parker v Quantum Leap Investments 386 (Pty) Ltd and Another (5766/2023) [2024] ZAWCHC 74 (6 March 2024)

Court

Western Cape High Court, Cape Town

Case number

5766/2023

Judge

Nziweni

High Court granted a Rule 6(5)(g) referral to trial or oral evidence in a property-sale dispute, finding the factual conflicts were not clearly foreseeable from correspondence alone.

• Referral To Trial
• Dispute Of Facts
• Specific Performance
• Motion Vs Action Proceedings
• Sale Of Immovable Property
• Referral-to-trial

Ndlovu v Sekuba and Others (27945/22)

Ndlovu v Sekuba and Others (27945/22) [2024] ZAGPPHC 163 (30 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

27945/22

Judge

HF Jacobs

Eviction application over Erf 13148 was not decided on motion papers because ownership and occupation were disputed. The matter was referred to trial.

• Eviction
• Unlawful Occupation
• Intestate Succession
• Disputes Of Fact
• Referral To Trial
• Unlawful-occupation