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South Africa decisions
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TBP Building and Civils (Pty) Ltd (In Liquidation) v Shamla Chetty t/a Nationwide Electrical and Others (D4774/2019) [2025] ZAKZDHC 46 (17 July 2025)
The High Court upheld a bank-account attachment for costs, but modified it to reflect set-off between the parties’ taxed bills.
Olympus Mobile (Pty) Ltd and Another v Access Bank South Africa Limited (098194/2025) [2025] ZAGPJHC 688 (4 July 2025)
The application was struck from the roll for want of urgency. The applicants failed to demonstrate that the matter was urgent, as they delayed in seeking relief and continued correspondence with the respondent for weeks before approaching the court. Furthermore, the applicants did not exhaust alternative remedies available under the master services agreement, specifically arbitration. The requirements for a final interdict were not met, as the applicants failed to establish a clear right, actual or apprehended injury, and the absence of a satisfactory alternative remedy. The balance of conven…
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Coyle and Another v Classic Comfort Construction and Others (Pty) Ltd (2022/029290) [2025] ZAGPJHC 587 (11 June 2025)
The High Court refused to stay arbitration over a construction payment dispute, finding no compelling reason to halt the arbitration pending related action proceedings.
Mosepelo Trading CC v City of Tshwane Metropolitan Municipality (012524/2024) [2025] ZAGPPHC 519 (23 May 2025)
The High Court dismissed a partial summary judgment application, finding that the alleged acknowledgment of debt was unclear and the defendant had a bona fide defence.
Engen Petroleum Limited v Jai Hind EMCC t/a Emmarentia Convenience Centre and Another (2022/034996) [2025] ZAGPJHC 485 (21 May 2025)
The court granted condonation for a late leave-to-appeal application but dismissed leave to appeal, finding no prospects of success and awarding costs.
Henque 3935 CC t/a PQ Clothing Outlet v Commissioner for the South African Revenue Service (846/2023) [2025] ZASCA 56 (12 May 2025)
The SCA held that income tax and VAT liabilities arising before business rescue are pre-commencement claims and may not be set off against later VAT refunds.
Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others (1140/2023) [2025] ZASCA 27 (28 March 2025)
The Supreme Court of Appeal held that set-off could only operate in respect of mutual debts that existed and were due at the deemed date of liquidation. Sumeil admitted owing Coogal R185 000 on that date, but the evidence showed Coogal owed Sumeil a greater amount, resulting in set-off extinguishing Sumeil's liability for that sum. The balloon payments under the master rental agreements were not yet due at the deemed date of liquidation and thus could not be set off. Furthermore, Coogal and its liquidator failed to make out a case for payment of the balloon amounts, as they did not tender rec…
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State Attorney v Notshe (2022/00966) [2025] ZAGPJHC 206 (5 March 2025)
The High Court refused condonation for a late leave-to-appeal application, finding the delay substantial, the explanation poor, and the proposed appeal hopeless.
Kruger N.O v M.R.M and Another (M432/2023) [2025] ZANWHC 45 (21 February 2025)
The applicant, as court-appointed liquidator, has a clear right to access and dispose of the joint estate's assets, including the immovable properties. The 1st respondent's unilateral set-off claim regarding the pension interest does not affect the applicant's mandate or the execution of the divorce order. The requirements for a final interdict—clear right, reasonable apprehension of irreparable harm, and lack of alternative remedy—have all been satisfied. The 1st respondent's opposition is based on a disputed calculation of the joint estate's value, which is not before this Court for determi…
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WRT Silo 2 (Pty) Ltd v Bouwer Contracting (Pty) Ltd and Another (4616/2024) [2025] ZAFSHC 35 (7 February 2025)
High Court matter on rent-to-own truck agreements, where a dispute over arrear rental and alleged set-off could not be resolved on affidavit and was sent to oral evidence.
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