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South Africa decisions
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CCN Boerdery BK v ABSA Versekeringsmaatskappy BPK (2622/2015) [2024] ZANCHC 98 (4 October 2024)
The High Court upheld an insurer’s special plea that a claim was time barred under the policy, and dismissed the insured’s claim with costs.
Ukhahlamba Poultry Farm (Pty) Ltd v South African Poultry Association (AR446/2017) [2018] ZAKZPHC 30 (3 August 2018)
Clause 8(b) of Government Notice No. R954 is grammatically clear and imposes liability for payment of the statutory levy only on the supplier of packaging material for the packing of eggs, not on the egg producer. The supplier is defined in the notice and is the only entity mentioned as liable to pay the levy to the levy administrator. The phrase 'on behalf of the egg producers' does not create direct liability for the egg producer to pay the levy to the administrator. The context of the Act, the purpose of the notice, and the marketing chain provisions support this interpretation. No evidenc…
Source excerpt
Nedbank Limited v Janse van Vuuren and Another (33222/2011) [2018] ZAGPPHC 335 (4 May 2018)
The High Court held that a trustee resolution authorised one trustee to sign for the Trust, making the instalment sale agreements valid and enforceable.
Bohica Business Consulting CC v Bathusi Investments (PTY) LTD (6229/2013) [2017] ZAGPPHC 1118 (8 December 2017)
The court found an unsigned consulting agreement was binding and that Bathusi Investments ratified it by paying for services and accepting the benefit.
Hutchinson v Labuschagne and Another (1464/15) [2017] ZAECGHC 5 (24 January 2017)
High Court dispute over an oral blesbuck sale ended with the buyer’s claim dismissed and the seller’s counter-claim upheld.
Standard Bank of Namibia v Schmidt and Another (979/12) [2014] ZAECPEHC 26 (15 April 2014)
The court dismissed a bank’s unjustified-enrichment claim over fraudulent transfers, holding that Alpha Crest was merely a conduit and not the true recipient.
Nieuwoudt NO and Another v Vrystaat Mielies (Edms) Bpk. (325/2002) [2003] ZASCA 128; [2004] 1 All SA 396 (SCA); 2004 (3) SA 486 (SCA) (28 November 2003)
The Supreme Court of Appeal held that the Turquand rule did not assist a trust on these facts and sent the matter to trial to determine authority.
Absa Bank Bpk. v Coetzee (317/96) [1997] ZASCA 78; ; [1998] 1 All SA 1 (A); (26 September 1997)
The court held that Coetzee failed to prove ownership of the cheque and that the statutory presumption in the Bills of Exchange Act concerned possession, not ownership.
Minister of Finance and Another v Law Society of the Transvaal (697/89) [1991] ZASCA 88; 1991 (4) SA 544 (AD); [1991] 2 All SA 555 (A) (29 August 1991)
The court held that third-party disbursements passed through attorneys were not part of the attorneys’ own consideration and were not subject to the levy.
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