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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 831

DNI Financial Services (Pty) Ltd v Morningside 3 of Erf One Three Four Three (43577/2019)

DNI Financial Services (Pty) Ltd v Morningside 3 of Erf One Three Four Three (43577/2019) [2023] ZAGPJHC 831 (26 July 2023)

Court
South Gauteng High Court, Johannesburg
Case number
43577/2019
Judge
Smit

The court held that the plaintiff's requests for documents under Rule 35(3), though incorporated into the request for further particulars, were sufficiently clear and provided adequate notice to the defendants. The court rejected the defendants' formalistic approach, finding that Rule 35(3) does not require a separate document and that the defendants, being legally represented, were aware of their obligations. The court further analysed each request for further particulars, compelling only those strictly necessary for trial preparation and rejecting those that sought evidence, opinion, or mat…

Source excerpt

  • Rule 21 Further Particulars
  • Rule 35 Discovery
  • Simulated Transactions
  • Usurious Interest
  • Suretyship Liability
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Banking And Finance [2011] ZAGPJHC 21

Slip Knot Investments 777 (Pty) Limited v Project Law Prop (Pty) Limited and Others (36018/2009)

Slip Knot Investments 777 (Pty) Limited v Project Law Prop (Pty) Limited and Others (36018/2009) [2011] ZAGPJHC 21 (1 April 2011)

Court
South Gauteng High Court, Johannesburg
Case number
36018/2009
Judge
N.P. Willis

The court held that the National Credit Act does not apply to the loan agreement as the principal debtor is a juristic person with assets exceeding the statutory threshold and the agreement qualifies as a large agreement. The surety cannot invoke the Act as a defence. The interest rate charged, though high, is not usurious or contra bonos mores, given the arms-length nature of the transaction and the experience of the parties. The increase in interest rate after default does not constitute a penalty under the Conventional Penalties Act, as it reflects increased risk and administrative costs,…

Source excerpt

  • Mezzanine Funding
  • In Duplum Rule
  • National Credit Act Exclusion
  • Usurious Interest
  • Conventional Penalties Act
  • Prescribed Rate Of Interest
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Commercial And Corporate [2009] ZANCHC 52

Moodaley and Others v King (800/2008)

Moodaley and Others v King (800/2008) [2009] ZANCHC 52 (30 October 2009)

Court
Northern Cape High Court, Kimberley
Case number
800/2008
Judge
F DIALE KGOMO

The court found that the contracts entered into by the plaintiffs with the defendant were part of an illegal pyramid scheme and thus void insofar as they purported to grant excessive interest. However, South African law allows recovery of the capital invested, even where the contract is tainted by illegality, provided the claim is not for the illegal interest. The plaintiffs were entitled to restitution of their capital investments, but not the usurious interest. The court awarded the plaintiffs repayment of their capital, less any amounts already repaid, and interest at a reasonable rate fro…

Source excerpt

  • Pyramid Scheme
  • Illegal Contract
  • Restitution
  • Usurious Interest
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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.