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South Africa Case Law

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Banking And Finance [2024] ZAGPJHC 415

Firstrand Bank Limited v Mokoena and Others (35888/2022)

Firstrand Bank Limited v Mokoena and Others (35888/2022) [2024] ZAGPJHC 415 (26 April 2024)

Court
South Gauteng High Court, Johannesburg
Case number
35888/2022
Judge
J J Meiring

The court held that the special plea of lis alibi pendens was not sustainable because the liquidation application and the present application for payment under the suretyship involved different parties, subject-matter, and causes of action. Liquidation proceedings do not constitute proceedings for the recovery of a debt, and thus the requirements for lis alibi pendens were not met. The doctrine of double jeopardy, while a cornerstone of criminal law, is already reflected in civil law through the plea of res judicata and does not bar the applicant's claim. On the merits, the breaches relied up…

Source excerpt

  • Suretyship
  • Lis Alibi Pendens
  • Double Jeopardy
  • Remedial Plan Clause
  • Unclean Hands
  • Attorney And Client Costs
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Commercial And Corporate [2015] ZAFSHC 100

Carospan (Pty) Ltd t/a Nashua Free State And Northern Cape v Oelofse and Another (1932/2015)

Carospan (Pty) Ltd t/a Nashua Free State And Northern Cape v Oelofse and Another (1932/2015) [2015] ZAFSHC 100 (28 May 2015)

Court
Free State High Court, Bloemfontein
Case number
1932/2015
Judge
Boonzaaier, AJ

The court found that the applicant had discharged its onus of proving the existence and breach of a valid restraint of trade agreement. The restraint was reasonable in scope and duration, and the applicant's interests in protecting confidential information and its client base were legitimate. The respondent failed to provide a bona fide denial or countervailing evidence regarding his employment with Samsung, and his conduct and correspondence supported the applicant's case. The defence of unclean hands was rejected, as there was no evidence of fraud or dishonesty by the applicant in concludin…

Source excerpt

  • Restraint Of Trade
  • Confidential Information
  • Employment Contract
  • Enforceability Of Contract
  • Unclean Hands
  • Hearsay Evidence
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Commercial And Corporate [2014] ZAGPJHC 22

Sphandile Trading Enterprise (Pty) Ltd and Another v Hwibidu Security Services CC and Others (15643//2013)

Sphandile Trading Enterprise (Pty) Ltd and Another v Hwibidu Security Services CC and Others (15643//2013) [2014] ZAGPJHC 22; 2014 (3) SA 231 (GSJ) (25 February 2014)

Court
South Gauteng High Court, Johannesburg
Case number
15643/2013
Judge
André Gautschi

The court found that material disputes of fact exist regarding the alleged agreement for the second applicant to become a 50% member of the first respondent, the entitlement and quantum of the marketing fee, and whether the applicants acted with unclean hands. These disputes cannot be resolved on the papers alone and require oral evidence. The statutory requirements for service on SARS and the security bond are peremptory, but compliance must be assessed purposively; service on SARS on the morning of the hearing was not reasonable, but the referral to oral evidence allows for proper complianc…

Source excerpt

  • Rectification Of Company Records
  • Winding Up On Just And Equitable Basis
  • Unclean Hands
  • Marketing Fee Dispute
  • Compliance With Statutory Service
  • Conditional Membership Agreement
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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.