South Africa Case Law

Casablanca Body Corporate v Astrodon (Pty) Ltd and Others (2022/041580)

Casablanca Body Corporate v Astrodon (Pty) Ltd and Others (2022/041580) [2025] ZAGPJHC 160 (24 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/041580

Judge

TP Mudau

The High Court held that Casablanca’s management agreement with Astrodon ended by effluxion of time, rejected arbitration and res judicata points, and ordered return of records and bank control.

• Sectional Titles Management
• Agency Termination
• Contract Cancellation
• Arbitration Clause
• Res Judicata
• Management Agreement

Pitso and Others v Chabeli Molatoli Attorneys Incorporated (420/2023)

Pitso and Others v Chabeli Molatoli Attorneys Incorporated (420/2023) [2024] ZASCA 94 (12 June 2024)

Court

Supreme Court of Appeal

Case number

420/2023

Judges

Schippers, Mokgohloa, Mabindla-Boqwana, Dawood, Seegobin

The Supreme Court of Appeal held that the principal, Mrs Pitso, was entitled at common law to terminate the mandate of the respondent attorney firm at will. The respondent failed to establish the requirements for a final interdict, specifically a clear right and the absence of an adequate alternative remedy. The respondent's remedy, if any, lies in a claim for damages for fees, not in compelling retention as agent. The cross-appeal was fatally defective and not competent. The order of the High Court was set aside and substituted with dismissal of the application with costs.

Source excerpt

• Agency Termination
• Mandate Revocation
• Final Interdict Requirements
• Attorney Client Fee Dispute

Louw v Engirex (Pty) Ltd and Others (1629/ 2020)

Louw v Engirex (Pty) Ltd and Others (1629/ 2020) [2021] ZANCHC 39 (30 July 2021)

Court

Northern Cape High Court, Kimberley

Case number

1629/ 2020

Judge

Stanton

The High Court discharged an interim interdict and ordered the applicant to pay the first and second respondents’ costs after finding the relief had become unnecessary.

• Interim Interdict
• Agency Termination
• Costs Award
• Settlement Of Merits
• Interim-interdict
• Agency-termination

Jones v Pretorius NO (281/2019)

Jones v Pretorius NO (281/2019) [2020] ZASCA 113; 2022 (1) SA 132 (SCA) (29 September 2020)

Court

Supreme Court of Appeal

Case number

281/2019

Judges

Saldulker, Van der Merwe, Dlodlo, Goosen, Mabindla-Boqwana

The appellant’s agency to administer the estate terminated upon the death of the original executor, Mrs Meyer. Thereafter, the appellant had no authority to act for the estate or to make payments from estate funds. The payments made to himself constituted unlawful appropriations. Section 50(b) of the Administration of Estates Act does not apply to such appropriations, as it is limited to distributions made by an executor or duly authorised agent. However, the powers and duties attached to the office of executor entitle and oblige the respondent, as the newly appointed executor, to recover ass…

Source excerpt

• Administration Of Deceased Estates
• Executor Remuneration
• Agency Termination
• Unlawful Appropriation Of Estate Funds

Barloworld Motor (Pty) Ltd t/a Avis Rent A Car v Clara Belle Car Rental CC and Others (54063/2007)

Barloworld Motor (Pty) Ltd t/a Avis Rent A Car v Clara Belle Car Rental CC and Others (54063/2007) [2008] ZAGPHC 63 (6 February 2008)

Court

High Courts - Gauteng

Case number

54063/2007

Judge

S W Sapire

The High Court ordered a rival car rental operator to stop using AVIS-linked telephone and fax numbers after an agency relationship ended.

• Agency Termination
• Goodwill And Property
• Telephone Number Dispute
• Restraint Of Trade
• Costs Award
• Agency-termination