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South Africa Case Law

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Banking And Finance [2023] ZAGPJHC 492

ABSA Bank Limited v Classic Accessories CC and Others (2022/004177)

ABSA Bank Limited v Classic Accessories CC and Others (2022/004177) [2023] ZAGPJHC 492 (16 May 2023)

High Court summary judgment for Absa on an overdraft debt. The court rejected National Credit Act and pleading-defect defences and held the sureties liable.

  • Overdraft Facility
  • Suretyship
  • National Credit Act Exclusion
  • Summary Judgment Requirements
  • Certificate Of Balance
  • Summary-judgment
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Civil Procedure [2011] ZAFSHC 185

Bukula v Clientele Legal (4434/2011)

Bukula v Clientele Legal (4434/2011) [2011] ZAFSHC 185 (17 November 2011)

The Free State High Court dismissed a self-represented plaintiff’s summary judgment application, holding that it lacked jurisdiction and that the defendant could defend the action.

  • Jurisdiction
  • Insurance Contract Repudiation
  • Summary Judgment Requirements
  • Costs Award
  • Summary-judgment
  • Insurance-contract-disputes
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Civil Procedure [2010] ZAKZPHC 15

Shackleton Credit Management (Pty) Ltd v Microzone Trading 88 CC and Another (7089/09)

Shackleton Credit Management (Pty) Ltd v Microzone Trading 88 CC and Another (7089/09) [2010] ZAKZPHC 15; 2010 (5) SA 112 (KZP); ; [2011] 1 All SA 427 (KZP) (4 May 2010)

Summary judgment failed because the supporting affidavit was hearsay and did not show personal knowledge. A second defect was the unclear singular reference to one defendant.

  • Summary Judgment Requirements
  • Affidavit Personal Knowledge
  • Hearsay Evidence
  • Joint And Several Liability
  • Technical Defects In Application
  • Summary-judgment
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Banking And Finance [2008] ZAFSHC 69

Nedbank Limited v Sutherland (4561/2008)

Nedbank Limited v Sutherland (4561/2008) [2008] ZAFSHC 69 (18 September 2008)

The court refused summary judgment because the bank’s proof of compliance with section 129 of the National Credit Act was ambiguous.

  • National Credit Act Compliance
  • Summary Judgment Requirements
  • Debt Enforcement
  • Service Of Process
  • Summary-judgment
  • National-credit-act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.