South Africa Case Law

Stargrow Fruit Marketing (Pty) Ltd v Gamtoosvalley Farming (Pty) Ltd t/a Entabeni (1486/2025; 1487/2025)

Stargrow Fruit Marketing (Pty) Ltd v Gamtoosvalley Farming (Pty) Ltd t/a Entabeni (1486/2025; 1487/2025) [2025] ZAECQBHC 12 (2 May 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

1486/2025; 1487/2025

Judge

Potgieter

The High Court dismissed urgent applications by Stargrow seeking delivery of citrus fruit and specific performance after finding no new agreement and lawful revocation of agency.

• Agency Law
• Specific Performance
• Revocation Of Mandate
• Final Interdict
• Mandatum In Rem Suam
• Agency-law

Technovaa Packaging Industries (Pty) Ltd v Main Street 1051 (Pty) Ltd t/a Nashua Durban (AR319/23)

Technovaa Packaging Industries (Pty) Ltd v Main Street 1051 (Pty) Ltd t/a Nashua Durban (AR319/23) [2025] ZAKZPHC 14 (7 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR319/23

Judges

Steyn, Masipa, Gajoo

The court held that a tax-limited resolution did not authorise commercial lease agreements or further delegation, and it upheld the appellant’s counterclaim.

• Corporate Authority
• Delegation Of Powers
• Unjust Enrichment
• Prescription
• Agency Law
• Corporate-authority

Chabeli Molatoli Attorneys Incorporated v Pitso N.O and Others (25412/22)

Chabeli Molatoli Attorneys Incorporated v Pitso N.O and Others (25412/22) [2022] ZAGPPHC 744 (6 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

25412/22

Judge

Ndlokovane

The High Court declared unlawful the termination of an attorney’s mandate in a deceased estate matter and ordered costs against the first four respondents.

• Removal Of Executor
• Termination Of Mandate
• Administration Of Deceased Estates
• Agency Law
• Costs Orders
• Deceased-estates

Karoo Wilddienste (Pty) Ltd v Griqwaland West Cooperative Limited (141/2016)

Karoo Wilddienste (Pty) Ltd v Griqwaland West Cooperative Limited (141/2016) [2021] ZANCHC 42 (17 September 2021)

Court

Northern Cape High Court, Kimberley

Case number

141/2016

Judge

Lever

The plaintiff failed to plead or prove any contractual or legal basis for holding the defendant auctioneer liable for the obligations of the purchasers. The conditions of sale, specifically the cession clause, deprived the plaintiff of the right to claim directly from the purchasers, but did not create a right to claim specific performance from the defendant for the purchasers' obligations. No evidence was adduced of a special agreement or warranty by the auctioneer to stand good for the buyers' performance. The plaintiff conflated the distinct contracts arising in auction transactions and di…

Source excerpt

• Specific Performance
• Agency Law
• Auctioneer Liability
• Absolution From Instance
• Contractual Pleading

Smit and Others v Origize 166 Strand Real Estate (Pty) Ltd and Others (710/19)

Smit and Others v Origize 166 Strand Real Estate (Pty) Ltd and Others (710/19) [2020] ZASCA 132 (19 October 2020)

Court

Supreme Court of Appeal

Case number

710/19

Judges

Petse, Makgoka, Nicholls, Ledwaba, Eksteen

The Supreme Court of Appeal held that a power of attorney granted as security for a debt was irrevocable until the debt was repaid, and upheld the appeal.

• Agency Law
• Irrevocable Power Of Attorney
• Security For Debt
• Joint Venture
• Interpretation Of Resolution
• Agency-law

van der Merwe v Tlaping Ranch (Pty) Ltd (CIVAPPFB02/2019)

van der Merwe v Tlaping Ranch (Pty) Ltd (CIVAPPFB02/2019) [2019] ZANWHC 57 (12 December 2019)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 02/2019

Judges

B.R NONYANE, R.D HENDRICKS, T.J DJAJE

The Full Bench held that Hendrick van Tonder had ostensible authority to lease the farm, upheld the lease agreement, and set aside the ejection order.

• Ostensible Authority
• Estoppel
• Lease Agreement
• Huur Gaat Voor Koop
• Agency Law
• Ostensible-authority

Bothma v Chalmar Beef (Pty) Ltd (2145/2017)

Bothma v Chalmar Beef (Pty) Ltd (2145/2017) [2018] ZAFSHC 209 (14 September 2018)

Court

Free State High Court, Bloemfontein

Case number

2145/2017

Judge

C.J. Musi

The High Court held that a cattle buyer had ostensible authority to bind the defendant, making the company liable for payment and costs.

• Agency Law
• Ostensible Authority
• Estoppel
• Sale Of Goods
• Commission Agents
• Agency-law

Bothma v Chalmar Beef (Pty) Ltd (2145/2017)

Bothma v Chalmar Beef (Pty) Ltd (2145/2017) [2018] ZAFSHC 132 (14 September 2018)

Court

Free State High Court, Bloemfontein

Case number

2145/2017

Judge

Musi

The High Court held that the defendant was bound by its agent’s ostensible authority and ordered payment for cattle delivered by the plaintiff.

• Agency Law
• Ostensible Authority
• Estoppel
• Sale Of Goods
• Commission Agents
• Agency-law

Marock v Attacq Limited and Another (2015/40044)

Marock v Attacq Limited and Another (2015/40044) [2018] ZAGPPHC 260 (17 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

2015/40044

Judge

S S Mphahlele

The High Court dismissed a broker’s claim for commission, finding clause 24 of the sale agreement did not prove a specific amount payable to him.

• Stipulatio Alteri
• Commission Claim
• Contractual Interpretation
• Agency Law
• Stipulatio-alteri
• Commission-claims

Chevron South Africa (Pty) Ltd v Ufudu Transport (Pty) Ltd and Others (2010/14665)

Chevron South Africa (Pty) Ltd v Ufudu Transport (Pty) Ltd and Others (2010/14665) [2016] ZAGPJHC 251 (6 September 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2010/14665

Judge

J R Peter

The court found that Chevron delivered petroleum products to Ufudu, as evidenced by signed delivery notes and certificates of balance, subject to a minor discrepancy reducing the claim by R729.55. Mooipan acted with authority from Ufudu under a joint-venture agreement to purchase petroleum products from Chevron on Ufudu's account. However, the authority granted to Mooipan was effectively revoked by Mrs Ngwenya's letter dated 25 February 2008, sent on instructions of the new sole director, Mr Masinga. The court held that, although the revocation constituted a breach of the joint-venture agreem…

Source excerpt

• Suretyship
• Revocation Of Authority
• Joint Venture Agreement
• Agency Law
• Prima Facie Proof
• Security For Debt