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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 643

Abedair Aviation Limited and Another v National Airways Corporation Pty Ltd (2022/027413)

Abedair Aviation Limited and Another v National Airways Corporation Pty Ltd (2022/027413) [2025] ZAGPJHC 643 (26 June 2025)

Court
South Gauteng High Court, Johannesburg
Case number
2022/027413
Judge
Aucamp

The court dismissed an application to declare or rescind a default judgment, finding jurisdiction was established and the suretyship was validly signed.

  • Jurisdiction Of High Court
  • Default Judgment
  • Suretyship Requirements
  • Rectification Of Contract
  • Forum Selection Clause
  • Jurisdiction-of-high-court
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Civil Procedure [2025] ZAECELLC 8

Road Accident Fund v Sheriff: East London and Others (837/2024)

Road Accident Fund v Sheriff: East London and Others (837/2024) [2025] ZAECELLC 8 (24 April 2025)

Court
Eastern Cape High Court, East London Local Court
Case number
837/2024
Judge
Mhambi

The court held that a Rule 45(5) undertaking by the judgment debtor alone was defective, so the sheriff could remove the attached movable property.

  • Interpretation Of Uniform Rules
  • Rule 45 Undertaking
  • Suretyship Requirements
  • Attachment And Removal Of Property
  • Rule-45-5-undertaking
  • Sheriff-execution
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Commercial And Corporate [2017] ZAFSHC 194

Engen Petroleum Limited v AAC Agri Foods CC and Another (4057/2013)

Engen Petroleum Limited v AAC Agri Foods CC and Another (4057/2013) [2017] ZAFSHC 194 (31 August 2017)

Court
Free State High Court, Bloemfontein
Case number
4057/2013
Judge
Reinders

The court dismissed Engen Petroleum’s claim after finding that it failed to prove authority for the sale and cession agreements.

  • Authority Of Agents
  • Cession Of Claims
  • Suretyship Requirements
  • Ratification
  • Ostensible Authority
  • Authority-of-agents
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Civil Procedure [2013] ZAGPPHC 137

Moller v Barloworld Equipment, a Division of Barloworld SA (Pty) Ltd t/a the Cat Rental Store and Others (312/11)

Moller v Barloworld Equipment, a Division of Barloworld SA (Pty) Ltd t/a the Cat Rental Store and Others (312/11) [2013] ZAGPPHC 137 (31 May 2013)

Court
North Gauteng High Court, Pretoria
Case number
312/11
Judge
T.V. Ratshibvumo

The High Court upheld an exception, holding that the alleged suretyship failed to identify the debtor or principal debt and so disclosed no cause of action.

  • Suretyship Requirements
  • General Law Amendment Act
  • Cause Of Action
  • Credit Agreement
  • Formalities Of Contract
  • Suretyship
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Banking And Finance [2009] ZAGPPHC 280

Nedbank Ltd v Sqaure Metre Development (Pty) Ltd and Others (28031/09)

Nedbank Ltd v Sqaure Metre Development (Pty) Ltd and Others (28031/09) [2009] ZAGPPHC 280 (6 August 2009)

Court
North Gauteng High Court, Pretoria
Case number
28031/09
Judge
P. Ellis

High Court summary judgment for Nedbank on a mortgage loan claim. The court held the NCA did not apply, the claim was liquidated, and the sureties remained bound.

  • National Credit Act Exclusion
  • Liquidated Claims
  • Suretyship Requirements
  • Mortgage Bond Enforcement
  • Summary-judgment
  • National-credit-act
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.