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South Africa decisions
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Rock Foundation Properties and Another v Chaitowitz (1038/2023) [2025] ZASCA 82 (9 June 2025)
The Supreme Court of Appeal struck a reconsideration application from the roll, finding no exceptional circumstances to revisit refusal of leave to appeal.
BMW Financial Services South Africa (Pty) Ltd v Liebenberg (46375/2020) [2025] ZAGPPHC 619 (9 June 2025)
High Court judgment granting condonation and enforcing an instalment sale agreement, rejecting reckless lending and simulation defences.
Webster v Hasthibeer and Others (D7920/23) [2024] ZAKZDHC 77 (5 November 2024)
The court found that the sale agreement and subsequent transfer of the property were simulated transactions intended to disguise a loan arrangement between the applicant and respondents. The evidence showed that the parties did not intend a genuine sale, as demonstrated by the lack of occupation by the applicant, conflicting explanations regarding payment of the purchase price, and the preparation of two agreements by the conveyancer. The applicant failed to prove the existence of a lease agreement or rental payments. The court held that the true transaction was a loan, not a sale, and that t…
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South African Securitisation Programme (RF) Ltd v Valucorp 105 c/c t/a Agrisolar and Others (374/2022) [2023] ZANCHC 82 (10 November 2023)
The October 2022 Order was not final in effect nor definitive of the parties' rights and therefore not appealable. It envisaged a hearing of the summary judgment application in the event of non-compliance with the security condition, rather than automatic entry of judgment. The Respondents' late filing of their Opposing Affidavit was condoned as it did not prejudice the Applicant, given the postponements and opportunity for both parties to prepare. The Respondents disclosed defences relating to alleged simulated agreements and misrepresentation, which, if proven at trial, could constitute a c…
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George and Another v Dirk and Others (56949/21) [2023] ZAGPJHC 1255 (27 October 2023)
The High Court referred a property dispute to trial after finding factual issues on whether a sale and lease-back was a simulated loan arrangement.
IPH Finance (Pty) v Masilela (19877/2021) [2023] ZAWCHC 143 (13 June 2023)
Summary judgment was refused in a loan dispute after the court found the respondent raised a bona fide, triable defence based on alleged misrepresentation.
Knoop NO and Another v Pillay and Others (8635/2022) [2023] ZAGPJHC 497; 2024 (3) SA 116 (GJ) (17 May 2023)
High Court granted a business rescue practitioner’s application to cancel a lease and evict occupiers from three Saxonwold properties for sale.
Merchant West (Pty) Ltd v Hellmann and Others (21/27401) [2023] ZAGPJHC 213 (10 March 2023)
The court found that Merchant West could not acquire ownership of the aircraft by constitutum possessorium on the effective date because CDC did not possess or own the aircraft at that time. The agreements specified the dates for transfer, but CDC only acquired ownership on 6 November 2019, after the effective date. Furthermore, the transaction between CDC and MW was found to be simulated, as MW was aware CDC had already paid for the aircraft and the financing was not genuinely for purchase but rather a loan secured by pledge. The court distinguished Boland Bank v Joseph on the facts and foll…
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Joubert N.O v Soleil Kommadagga (Pty) Ltd and Others (1817/2020) [2023] ZAECMKHC 11 (26 January 2023)
The application was dismissed on multiple grounds. Firstly, the application was a nullity as it was not brought by both duly appointed trustees of the Trust, violating the requirement that joint trustees act together. Secondly, the relief sought by the applicants was not competent in law. The court found that the transfer of the properties to Soleil Kommadagga (Pty) Ltd was not a simulated transaction; the parties intended to transfer ownership, and the applicants could not rely on their own alleged fraudulent conduct to obtain relief. The court held that section 31 of the Insolvency Act did…
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Hellmann vs South African Civil Aviation Authority and Others (21/27401) [2023] ZAGPJHC 29 (18 January 2023)
The High Court held that Denise Hellmann, not Merchant West, owned the aircraft because Merchant West failed to prove transfer by constitutum possessorium.
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