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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 522

South African Securitisation Program (RF) Ltd v Complete Avionic Systems (Pty) Limited and Another (2022/045085)

South African Securitisation Program (RF) Ltd v Complete Avionic Systems (Pty) Limited and Another (2022/045085) [2024] ZAGPJHC 522 (28 May 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2022/045085
Judge
Den Hartog

High Court summary judgment in a suretyship dispute upheld the plaintiff’s claims for outstanding rental balances, rejected a payment defence, and awarded costs on different scales.

  • Suretyship Liability
  • Rental Agreement Enforcement
  • Summary Judgment
  • Costs Award
  • Condonation Application
  • Summary-judgment
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Commercial And Corporate [2023] ZAFSHC 230

Carospan (Pty) Limited t/a Nashua Bloemfontein v Jager (Pty) Limited and Another (5144/2022)

Carospan (Pty) Limited t/a Nashua Bloemfontein v Jager (Pty) Limited and Another (5144/2022) [2023] ZAFSHC 230 (5 June 2023)

Court
Free State High Court, Bloemfontein
Case number
5144/2022
Judge
Daniso

The court found that the allegations in paragraphs 6.7 and 6.7.1 of the opposing affidavit were irrelevant, scandalous, and vexatious, as they did not relate to the respondents' liability and contradicted their own defence. The business rescue moratorium under section 133 of the Companies Act does not apply to claims for the return of goods following cancellation of a rental agreement, nor does it protect the second respondent. The claim of non-joinder of Van Straaten was dismissed, as he did not sign the deed of suretyship and has no direct and substantial interest in the proceedings. The re…

Source excerpt

  • Summary Judgment
  • Business Rescue Moratorium
  • Non Joinder
  • Rental Agreement Enforcement
  • Suretyship Liability
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Commercial And Corporate [2022] ZAFSHC 201

Marble & Granite Designs C and Another v Custom Capital Finance (Pty) Ltd (A101/2021)

Marble & Granite Designs C and Another v Custom Capital Finance (Pty) Ltd (A101/2021) [2022] ZAFSHC 201 (15 August 2022)

Court
Free State High Court, Bloemfontein
Case number
A101/2021
Judges
N.S. Daniso, M.A. Mathebula

The High Court dismissed an appeal over a rental agreement for PABX equipment, holding the appellants were bound by their signatures and the contract was enforceable.

  • Rental Agreement Enforcement
  • Contract Validity
  • Onus Of Proof
  • Suretyship
  • Damages For Breach
  • Interest On Arrears
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.