Du Toit and Others v Du Toit-Smuts & Partners and Another (4748/2021) [2023] ZAMPMBHC 22 (12 April 2023)
Court
Mbombela High Court, Mpumalanga
Case number
4748/2021
Judge
Mashile
The court found that the applicants’ claim for the return of the R25,000.00 reservation deposit had prescribed under the Prescription Act, as more than three years had elapsed since the debt became due, either from the date of demand or the conclusion of the contract. The deposit was paid into the trust account of the First Respondent as agent for the Second Respondent, and the correct party to sue was the Second Respondent, not the attorney. The applicants did not have a real right to the funds in the trust account, only a personal claim as trust creditors. The First Respondent was ethically…
Wholesale Monitoring Services (Pty) Ltd v WM Digital Solutions (Pty) Ltd and Others (2020/13296) [2022] ZAGPJHC 121 (7 March 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2020/13296
Judge
J M Bezuidenhout
High Court referred disputes about breach of a restraint, damages, and an accounting to trial, finding material factual disputes and no basis for perpetual interdictory relief.
Trencon Construction (Pty) Ltd v Public Investment Corporation SOC Ltd and Others (49930/2020) [2021] ZAGPPHC 768 (2 November 2021)
Court
North Gauteng High Court, Pretoria
Case number
49930/2020
Judge
Neukircher
The High Court held that the GEPF’s procurement conduct was administrative action, but dismissed Trencon’s review because the tender process was fair and lawful.
Mmamoleboge Investments CC and Others v Crimson and Properties 351 (Pty) Ltd and Others (23731/2018) [2021] ZAGPPHC 289 (11 May 2021)
Court
North Gauteng High Court, Pretoria
Case number
23731/2018
Judge
J.S. Nyathi
The High Court dismissed an exception to an amended declaration over standing time and CPAP claims under a building contract, finding the pleading was sufficiently particular.
Griekwaland Wes Korporatief Beperk v Standard Bank of South Africa Limited (396/19) [2020] ZASCA 10 (19 March 2020)
Court
Supreme Court of Appeal
Case number
396/19
Judges
Navsa, Molemela, Plasket, Ledwaba, Gorven
The Supreme Court of Appeal dismissed an ownership claim to 306 beef calves because the appellant failed to prove, with admissible evidence, that it owned the attached animals.
Van der Meulen and Another v Joubert and Another (2777/2016) [2018] ZAFSHC 158 (18 October 2018)
Court
Free State High Court, Bloemfontein
Case number
2777/2016
Judge
Mhlambi
The court held that the plaintiffs failed to prove an oral sale agreement with the second defendant; the defendants acted only as agents and the action was dismissed with costs.