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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 658

Munro Transport CC v Swiegers (A000089/2023)

Munro Transport CC v Swiegers (A000089/2023) [2025] ZAGPJHC 658 (2 July 2025)

The High Court upheld an appeal, finding the plaintiff failed to prove an oral contract or that an employee had authority to bind Munro Transport CC.

  • Admissibility Of Hearsay Evidence
  • Authority Of Agent
  • Oral Contract
  • Magistrates Court Rules
  • Hearsay-evidence
  • Authority-of-agent
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Civil Procedure [2025] ZAGPPHC 438

IPC Plumbing SA (Pty) Ltd v Azraprty (Pty) Ltd (079559/2023)

IPC Plumbing SA (Pty) Ltd v Azraprty (Pty) Ltd (079559/2023) [2025] ZAGPPHC 438 (9 May 2025)

The High Court dismissed a Rule 28(4) amendment application and upheld an exception, finding the pleadings still failed to clearly disclose a cause of action against the first defendant.

  • Exception To Pleading
  • Leave To Amend
  • Contractual Nexus
  • Authority Of Agent
  • Non Variation Clause
  • Exception-to-pleading
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Civil Procedure [2025] ZAMPMHC 5

Belstead Industries (Pty) Ltd v Slabbert and Others (3047/2024)

Belstead Industries (Pty) Ltd v Slabbert and Others (3047/2024) [2025] ZAMPMHC 5 (21 February 2025)

Summary judgment was refused because the fourth and fifth respondents disclosed a bona fide defence requiring trial on authority, contract formation, and alleged fraud.

  • Summary Judgment
  • Oral Contract
  • Civil Fraud
  • Authority Of Agent
  • Estoppel
  • Summary-judgment
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Civil Procedure [2025] ZAMPMBHC 14

Trollip v Latrostax (Pty) Ltd and Others (3962/2024)

Trollip v Latrostax (Pty) Ltd and Others (3962/2024) [2025] ZAMPMBHC 14 (10 February 2025)

The applicant failed to establish that Latrostax (Pty) Ltd does not have a bona fide defence to the claim for repayment of bridging finance. The authority of Mr Todd to bind Latrostax remains unresolved and is a triable issue. The documentary evidence, including financial statements and board minutes, does not conclusively prove Latrostax's indebtedness, and the explanation provided by Latrostax regarding the payment and the role of its shareholders is consistent with its defence. Summary judgment is inappropriate where material disputes of fact and authority exist, and these must be determin…

  • Summary Judgment
  • Authority Of Agent
  • Oral Agreement
  • Liquidated Claim
  • Company Directors
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Civil Procedure [2025] ZAGPJHC 10

Bencherki v Ericsson Sub-Saharan Africa (Pty) Ltd (12002/16)

Bencherki v Ericsson Sub-Saharan Africa (Pty) Ltd (12002/16) [2025] ZAGPJHC 10 (13 January 2025)

The High Court granted leave to amend pleadings and condoned a late replication, but ordered the plaintiff to pay the defendant’s costs. The dismissal application failed.

  • Amendment Of Pleadings
  • Condonation
  • Replication
  • Abuse Of Process
  • Authority Of Agent
  • Prescription
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Civil Procedure [2024] ZANCHC 58

Jacobs and Others v Zinvomax (Pty) Ltd and Others (1160/2021)

Jacobs and Others v Zinvomax (Pty) Ltd and Others (1160/2021) [2024] ZANCHC 58 (18 June 2024)

The High Court dismissed leave to appeal against an eviction order and held the order immediately executable under section 18 of the Superior Courts Act.

  • Leave To Appeal
  • Eviction
  • Locus Standi
  • Authority Of Agent
  • Immediate Execution
  • Irreparable Harm
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Commercial And Corporate [2023] ZAECQBHC 37

Geldenhuys N.O and Others v Coega Development Corporation (Pty) Ltd (1069/2016)

Geldenhuys N.O and Others v Coega Development Corporation (Pty) Ltd (1069/2016) [2023] ZAECQBHC 37 (13 June 2023)

The court found no oral contract between the Trust and Coega. It held that Petersen acted for SBFS, not Coega, so the plaintiffs’ claim for payment failed.

  • Oral Contract
  • Animus Contrahendi
  • Agency
  • Authority Of Agent
  • Misjoinder
  • Non Joinder
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Commercial And Corporate [2023] ZAWCHC 118

Shabros Property Investment (Pty) Ltd v Mobile Telephone Networks (Pty) Ltd (2507/2013)

Shabros Property Investment (Pty) Ltd v Mobile Telephone Networks (Pty) Ltd (2507/2013) [2023] ZAWCHC 118 (23 May 2023)

The High Court found that the parties concluded a binding parking lease renewal and that the defendant repudiated it, making it liable for arrears and damages.

  • Lease Renewal
  • Repudiation
  • Quasi Mutual Assent
  • Damages For Breach
  • Authority Of Agent
  • Lease-renewal
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Civil Procedure [2022] ZAFSHC 305

Inathi-Mbako v Manguang Metro Municipality (4253/2022)

Inathi-Mbako v Manguang Metro Municipality (4253/2022) [2022] ZAFSHC 305 (7 November 2022)

The High Court refused provisional sentence on a payment certificate, finding the municipality had raised a valid defence going behind the liquid document.

  • Provisional Sentence
  • Liquid Document
  • Authority Of Agent
  • Interdict
  • Tender Award
  • Provisional-sentence
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Labour Law [2022] ZAFSHC 311

Centlec SOC Ltd and Another v Nkomo In re: Nkomo v Centlec SOC Ltd and Another ( (2773/2022)

Centlec SOC Ltd and Another v Nkomo In re: Nkomo v Centlec SOC Ltd and Another ( (2773/2022) [2022] ZAFSHC 311 (31 October 2022)

The High Court upheld lis pendens and dismissed an application to set aside a settlement agreement, along with a counterapplication to declare the applicant vexatious.

  • Settlement Agreement
  • Authority Of Agent
  • Lis Pendens
  • Vexatious Litigation
  • Disciplinary Proceedings
  • Lis-pendens
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.