South Africa Case Law

Spar Group Limited v Meadowview Trading 147 CC t/a Meyerton Spar and Tops (2022/013036)

Spar Group Limited v Meadowview Trading 147 CC t/a Meyerton Spar and Tops (2022/013036) [2022] ZAGPJHC 637 (5 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/013036

Judge

Strydom

The High Court granted leave to perfect security under two General Notarial Bonds, rejecting arguments that enforcement was unconscionable or should be refused in discretion.

• Notarial Bond Perfection
• Specific Performance
• Security Rights
• Public Policy
• Urgent Interdict
• Notarial-bond-perfection

Meyer and Another v Van Der Riet (1656/2021)

Meyer and Another v Van Der Riet (1656/2021) [2021] ZAFSHC 218 (13 September 2021)

Court

Free State High Court, Bloemfontein

Case number

1656/2021

Judge

C Reinders

The High Court issued a rule nisi and interim attachment to secure a debt under a notarial bond, but refused to authorize sale of the assets while no amount was due under the AOD.

• Notarial Bond Perfection
• Security Rights
• Attachment Of Assets
• Breach Of Bond Terms
• Notarial-bond-perfection
• Attachment-of-assets

Farmsecure Livestock (Edms) Bpk v Absa Bank Bpk en Anders; Absa Bank Beperk v Van Niekerk N.O (772/2012)

Farmsecure Livestock (Edms) Bpk v Absa Bank Bpk en Anders; Absa Bank Beperk v Van Niekerk N.O (772/2012) [2012] ZAFSHC 166 (6 September 2012)

Court

Free State High Court, Bloemfontein

Case number

772/2012

Judge

J Y Claasen

Leave to appeal was refused in two related matters about cattle ownership and whether a financing arrangement created ownership or only security.

• Ownership Of Movable Property
• Security Rights
• Constitutum Possessorium
• Leave To Appeal
• Simulated Transactions
• Leave-to-appeal

Standard Bank of SA Ltd v GH Loubser Boerdery CC (1062/2012)

Standard Bank of SA Ltd v GH Loubser Boerdery CC (1062/2012) [2012] ZAFSHC 182 (10 August 2012)

Court

Free State High Court, Bloemfontein

Case number

1062/2012

Judge

Mocumie

The court found that the applicant had established a prima facie case that the respondent was indebted under the various agreements, as evidenced by the certificates of balance. The notarial bond provided security over forty-five dairy cows, but the description lacked specific identifiers, making it difficult to distinguish the cows from others. Nevertheless, the bond covered all movable assets, and the applicant was entitled to perfect its security by taking possession. The bond did not require the applicant to first demand delivery before approaching the court; such a request was merely one…

Source excerpt

• Notarial Bond Perfection
• Security Rights
• Certificate Of Balance
• Movable Property Hypothecation
• Attorney And Client Costs

Kernsig 17 (Edms) Bpk v ABSA Bank (A578/08)

Kernsig 17 (Edms) Bpk v ABSA Bank (A578/08) [2010] ZAWCHC 9 (8 February 2010)

Court

Western Cape High Court, Cape Town

Case number

A578/08

Judges

P.B Fourie, N J Yekiso, J H M Traverso

The court found that the term loan agreement of 8 December 2005 was an integral and inseparable part of a scheme designed to enable the Barnards to fulfil their obligation under the share purchase agreement, thereby constituting prohibited financial assistance under section 38(1) of the Companies Act. The respondent was fully aware of the purpose for which the loan proceeds would be used, distinguishing this case from Saambou Nasionale Bouvereniging v Ligatex, where the lender was unaware of the intended illegality. As the underlying transaction was void, the covering bonds registered over th…

Source excerpt

• Financial Assistance For Share Acquisition
• Companies Act Section 38
• Nullity Of Contract
• Security Rights
• Enrichment Claims

Regering van die Republiek van Suid-Afrika v Disotto en Andere (8/96)

Regering van die Republiek van Suid-Afrika v Disotto en Andere (8/96) [1997] ZASCA 83; 1998 (1) SA 728 (SCA); [1998] 1 All SA 9 (A); (29 September 1997)

Court

Supreme Court of Appeal

Case number

8/96

Judges

Smalberger, Howie, Marais, Schutz, Streicher

The court held that only crops cultivated by the contracting farmer could vest under the Agricultural Credit Act, so the appellant had no claim to the trust proceeds.

• Agricultural Credit
• Ownership Of Crops
• Statutory Interpretation
• Security Rights
• Agricultural-credit
• Ownership-of-crops