South Africa Case Law

Pareto Limited and Another v Kotze (14109/2024)

Pareto Limited and Another v Kotze (14109/2024) [2025] ZAWCHC 338 (8 August 2025)

Court

Western Cape High Court, Cape Town

Case number

14109/2024

Judge

J Cloete

The court found that only the Covid-19 defence raised a triable issue, specifically whether the lockdown regulations hindered or prevented the tenant from performing under the lease, thereby entitling the tenant to further rental remission under the force majeure clause. The plaintiffs failed to engage substantively with the contractual provisions regarding hindered performance and remission of rent, and the defendant's submissions on this point met the threshold for a triable issue. The other defences—regarding unliquidated amounts, renegotiated rental, and ambiguity in the deed of suretyshi…

Source excerpt

• Lease Agreement
• Force Majeure
• Covid 19 Regulations
• Summary Judgment
• Remission Of Rent

Woa Fuels and Oils v Africa Rising Petrochem (Pty) Ltd (2022/7368)

Woa Fuels and Oils v Africa Rising Petrochem (Pty) Ltd (2022/7368) [2025] ZAGPJHC 768 (7 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/7368

Judge

Y Carrim

Summary judgment was dismissed because the defendant raised bona fide triable defences about a prior Puma supply agreement, authority, fraud, and unverified damages.

• Summary Judgment
• Contractual Exclusivity
• Authority Of Directors
• Fiduciary Duty
• Liquidated Claim
• Contra Bones Mores

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023)

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023) [2025] ZANWHC 134 (5 August 2025)

Court

North West High Court, Mafikeng

Case number

1752/2023

Judge

J.T. Maodi

High Court summary judgment in favor of the Government Employees Pension Fund for arrear lease charges, despite a reliance on an arbitration clause.

• Summary Judgment
• Lease Agreement
• Suretyship
• Liquidated Claim
• Arbitration Clause
• Summary-judgment

Van Aswegen v Van Aswegen and Another (133235/2024)

Van Aswegen v Van Aswegen and Another (133235/2024) [2025] ZACC 767 (31 July 2025)

Court

Constitutional Court

Case number

133235/2024

Judge

Wilson

The court granted partial relief for a conceded debt, ordered transfer papers for a vehicle, and referred the disputed balance to oral evidence.

• Summary Judgment
• Oral Evidence Referral
• Loan Vs Investment Dispute
• Change Of Vehicle Ownership
• Oral-evidence-referral
• Summary-judgment

ABSA Bank Ltd v Tswago (Leave to Appeal) (114422/2023)

ABSA Bank Ltd v Tswago (Leave to Appeal) (114422/2023) [2025] ZAGPPHC 788 (29 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

114422/2023

Judge

N Davis

Leave to appeal against summary judgment was dismissed. The court held no appeal lay from the default order, rejected new National Credit Act arguments, and awarded punitive costs.

• Summary Judgment
• Leave To Appeal
• Credit Agreement
• Jurisdictional Requirements
• Costs Order
• Summary-judgment

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021)

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021) [2025] ZAGPJHC 740 (24 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46591/2021

Judge

Van Aswegen

The application for leave to appeal does not meet the statutory threshold under section 17(1)(a)(i) of the Superior Courts Act, as the Appellant failed to demonstrate that another court would come to a different conclusion. The grounds of appeal were not clearly articulated in compliance with Rule 49(4), consisting mainly of broad assertions and unsubstantiated criticisms. The Appellant's defences of securitisation, estoppel, and debt risk insurance were speculative, lacked factual support, and were not pleaded with sufficient particularity. The summary judgment order and declaration of execu…

Source excerpt

• Leave To Appeal Standard
• Summary Judgment
• Mortgage Bond Enforcement
• Rule 46a Execution
• Reserve Price Setting
• Locus Standi

Amiss and Another v F E Industrial Supplies CC (002313/2024)

Amiss and Another v F E Industrial Supplies CC (002313/2024) [2025] ZAGPJHC 730 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

002313/2024

Judge

Mahosi

The High Court refused summary judgment, finding the defendant’s affidavit disclosed a bona fide defence based on an alleged breach and counterclaim under a subcontractor agreement.

• Summary Judgment
• Contractual Breach
• Counterclaim
• Restraint Of Trade
• Liquidated Claim
• Summary-judgment

Sasfin Bank Limited and Another v Baitshoki Secondary School (Leave to Appeal) (6696/2022)

Sasfin Bank Limited and Another v Baitshoki Secondary School (Leave to Appeal) (6696/2022) [2025] ZAGPJHC 702 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

6696/2022

Judge

P V Ternent

The High Court refused leave to appeal against summary judgment, finding no reasonable prospect of success and dismissing the defendant’s application with costs.

• Summary Judgment
• Leave To Appeal
• Rental Agreements
• Repudiation
• Burglary Loss
• Costs Orders

Nedbank Limited v Matthys Johannes Lourens Wessels NO and Others (6626/2024)

Nedbank Limited v Matthys Johannes Lourens Wessels NO and Others (6626/2024) [2025] ZAFSHC 211 (10 July 2025)

Court

Free State High Court, Bloemfontein

Case number

6626/2024

Judge

Ntanga AJ

The High Court refused summary judgment, holding that the defendants raised a bona fide and triable defence based on alleged payments extinguishing the debt.

• Summary Judgment
• Suretyship
• Settlement Agreement
• Extinguishment Of Debt
• Leave To Defend
• Summary-judgment

Makhabo v Viljoen and Others (2022/059140)

Makhabo v Viljoen and Others (2022/059140) [2025] ZAGPPHC 688 (9 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022/059140

Judge

MPD Chabedi

The court granted summary judgment for R500,000 after finding no bona fide defence to misrepresentation and undue enrichment arising from an uncompleted franchise deal.

• Summary Judgment
• Misrepresentation
• Undue Enrichment
• Franchise Agreement
• Liquidated Claim
• Summary-judgment