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South Africa decisions
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Viljoen and Another v Maree (4592/2020) [2025] ZAFSHC 177 (12 June 2025)
The High Court dismissed an application over alleged non-compliance with an account-rendering order, finding the applicants had not shown the account was inadequate.
Mabo v Ignasia Zanazi INC and Another (054873/23) [2025] ZAGPJHC 441 (2 May 2025)
The High Court ordered an attorney and her firm to account for trust monies, hand over the client file, and pay attorney-and-client costs after mandate termination.
Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020) [2024] ZAMPMHC 46 (28 August 2024)
The court found that the Plaintiff had been provided with the accounts envisaged by section 95(e) of the Systems Act and had declared a formal dispute regarding their accuracy. The Plaintiff's reliance on section 95 for the delivery and debatement of accounts was misplaced, as the section does not expressly or impliedly confer such a right. The Plaintiff's reference to the Credit Control and Debt Collection Policy was also rejected, as the policy provides mechanisms for contesting accounts but does not include delivery and debatement as remedies. The relationship between the parties was found…
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Van Niekerk v Mazzuchetti and Another (8713/2019) [2023] ZAGPPHC 1889 (7 November 2023)
The application for final relief on motion proceedings is dismissed due to the existence of bona fide disputes of fact that cannot be resolved on affidavit. The court finds that the parties' versions regarding the identity of the parties to the verbal agreement, the nature of their relationship, and the termination of the agreement are materially in dispute. The respondent's defence is plausible and not clearly untenable. The Plascon-Evans rule applies, and the matter is not suitable for determination without oral evidence. The applicant was aware of these disputes from previous litigation an…
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Firm-O-Seal CC v Wynand Prinsloo and Van Eeden Inc and Another (3731 / 2020) [2023] ZAMPMHC 34 (19 October 2023)
High Court prescription ruling in a legal-malpractice dispute: claims about accountings and negligence largely survived, but one damages claim was held prescribed.
Wholesale Monitoring Services (Pty) Ltd v WM Digital Solutions (Pty) Ltd and Others (2020/13296) [2022] ZAGPJHC 121 (7 March 2022)
High Court referred disputes about breach of a restraint, damages, and an accounting to trial, finding material factual disputes and no basis for perpetual interdictory relief.
BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction v Retmil Financial Services (Pty) Ltd (A120/2020) [2021] ZAFSHC 199 (14 September 2021)
The court found that while the appellant established a contractual relationship and the right to receive an account, it failed to demonstrate that the accounts rendered by the respondent were insufficient. The appellant did not specify any deficiencies in the statements provided, relying only on discrepancies in amounts claimed, which could be attributed to settlement negotiations or fluctuating costs. The application was brought by way of motion proceedings, and the Plascon Evans-rule applied, requiring that factual disputes be resolved in favour of the respondent. The court held that the ap…
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Belrex 95 CC v Barday (4364/2020) [2020] ZAWCHC 149; 2021 (3) SA 178 (WCC) (6 November 2020)
The court held that the amended Rule 32 requires a summary judgment application to be brought after the delivery of a plea, and the supporting affidavit must address the defences pleaded. Where a defendant amends his plea after the summary judgment application has commenced, the plaintiff is prejudiced by being unable to respond to the new defences in its affidavit, as Rule 32(4) prohibits further evidence. The defendant is entitled to amend his plea at any stage before judgment, and the amended Rule 32 does not preclude such amendment. However, the amended plea was not yet effective at the t…
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Body Corporate of Preston Place v City of Johannesburg and Another (38127/17; A 5028/19) [2020] ZAGPJHC 411 (20 March 2020)
Appeal upheld in a contempt case against the City of Johannesburg. The High Court found wilful non-compliance and imposed a suspended R500,000 fine.
BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction (2690/2015) [2020] ZAFSHC 66 (24 February 2020)
The High Court dismissed BBT’s application for a statement and debatement of account, finding no sufficient pleaded contractual basis or proof of defective accounting.
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