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South Africa decisions
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Kufuma (Ptd) Ltd v Bidvest Facilities Management (Pty) Ltd and Another (2021/25745) [2024] ZAGPJHC 691 (22 July 2024)
The High Court dismissed an exception to amended particulars of claim, finding the pleaded facts could sustain a claim against Sishen Iron Ore.
Bartie N.O. and Others v Fraaikem Pharmacy (Pty) Ltd (A236/2021) [2022] ZAWCHC 157 (17 August 2022)
The High Court held that the trust’s conduct created a binding renewed lease with Fraaikem Pharmacy and dismissed the eviction appeal with costs.
ATC South Africa Wireless Infrastructure (Pty) Ltd I and Another v Desai N.O and Another (262/2019) [2020] ZAECPEHC 7 (25 February 2020)
The court found that the plaintiffs' particulars of claim, read with the lease agreement, failed to disclose a cause of action because they did not allege that prior written consent was obtained for the assignment of the lease as required by Clause 14. The assignment without such consent constituted a material breach, depriving the plaintiffs of locus standi to enforce the contract. The exception was not defeated by technical objections raised by the plaintiffs, as they had taken further steps in the proceedings and opposed the exception on the merits. The authorities cited by the excipients…
Source excerpt
Lillicrap Wassenaar and Partners v Pilkington Brothers (S.A) (Pty) Ltd. (410/82) [1984] ZASCA 132; [1985] 1 All SA 347 (A) (20 November 1984)
The court considered whether negligent performance of contractual professional services can also found delictual liability, and held that Aquilian liability may coexist with contract.
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