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South Africa decisions
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Shapiro v Wolpe (2024/060632) [2025] ZAGPJHC 752 (30 July 2025)
The High Court granted provisional sequestration against Jonathan Wolpe, finding a prima facie unjust enrichment claim, insolvency indicators, and advantage to creditors.
Glenhazel Investment (Pty) Ltd v Barbaglia N.O and Others (2023/055003) [2025] ZAGPJHC 738 (25 July 2025)
The High Court referred a deposit dispute to trial after finding a material factual dispute over a trustee’s authority to bind a trust in a property sale.
Bondev Midrand (Pty) Ltd v Van Blerk and Others (A77/2025; 909/2014) [2025] ZAGPPHC 741 (21 July 2025)
The High Court set aside a default order over an erf transfer and sent the dispute to trial, finding serious factual disputes on prescription and enrichment.
Gilfillan v Unique Auto Finance (Pty) Ltd (13800/2022) [2025] ZAGPJHC 454 (12 May 2025)
The High Court dismissed an exception to particulars of claim arising from a land sale dispute, holding that the alleged waiver and enrichment issues require trial evidence.
Tracetec (Pty) Ltd v Business Equipment Asset Finance (Pty) Ltd (3449/2022) [2025] ZAWCHC 181 (29 April 2025)
The High Court dismissed a bid to amend pleadings to add fraud and rectification claims, holding the plaintiff was bound by an earlier election to uphold the contracts.
N.N N.O v Aktash N.O and Another (15817/2020 ; 15818/2020) [2025] ZAWCHC 172 (22 April 2025)
High Court order on estate funds, spousal maintenance, a Capitec withdrawal dispute, and a vehicle claim arising from a deceased estate.
Sibiya v Road Accident Fund (543/2024) [2025] ZAMPMHC 29 (9 April 2025)
The court found that the defendant's plea, though brief, was sufficient to put the issue of past medical expenses in dispute and did not amount to a bare denial. On the substantive issue, the court held that payments made by a medical aid scheme to discharge its contractual obligations to its member are res inter alios acta and do not benefit third parties such as the Road Accident Fund. The court relied on the Supreme Court of Appeal's decision in Bane and Others v D’Ambrosi, which confirmed that medical aid scheme benefits are not deductible from claims for past medical expenses. The court…
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Andzanimikula Trading (Pty) Ltd v TCI-TISO RF (Pty) Ltd (2021/17889) [2025] ZAGPJHC 655 (17 March 2025)
The High Court held that the defendant could not deduct a 5% penalty under clause 8.1; the clause provided for interest only. Judgment went to the plaintiff.
Technovaa Packaging Industries (Pty) Ltd v Main Street 1051 (Pty) Ltd t/a Nashua Durban (AR319/23) [2025] ZAKZPHC 14 (7 February 2025)
The court held that a tax-limited resolution did not authorise commercial lease agreements or further delegation, and it upheld the appellant’s counterclaim.
Member of the Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016) [2025] ZAFSHC 15 (24 January 2025)
The High Court declared unlawful and set aside Free State Human Settlements agreements and payments to Cembrick, despite a 14-year delay in launching review proceedings.
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