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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1109

Stefanutti Stocks Housing (A Division of Stefanutti Stocks (Pty) Ltd) v Instratin Properties (Pty) Ltd (2022/032179 ; 2022/032192)

Stefanutti Stocks Housing (A Division of Stefanutti Stocks (Pty) Ltd) v Instratin Properties (Pty) Ltd (2022/032179 ; 2022/032192) [2023] ZAGPJHC 1109 (4 October 2023)

High Court refused provisional sentence on two acknowledgements of debt, holding the defendant’s CEO lacked proved authority to bind the company.

  • Provisional Sentence
  • Authority Of Company Officers
  • Acknowledgement Of Debt
  • Jbcc Contracts
  • Turquand Rule
  • Provisional-sentence
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Labour Law [2020] ZALAC 2

Eskom Holdings SOC Ltd v National Union of Mineworkers and Others (JA78/18)

Eskom Holdings SOC Ltd v National Union of Mineworkers and Others (JA78/18) [2020] ZALAC 2; [2020] 4 BLLR 362 (LAC); (2020) 41 ILJ 1129 (LAC) (6 January 2020)

The Labour Appeal Court held that Eskom’s salary increase letters were not duly authorised, so no valid contract arose and the employees’ claim failed.

  • Specific Performance
  • Authority Of Company Officers
  • Ostensible Authority
  • Contractual Claims
  • Collective Bargaining Agreement
  • Specific-performance
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Civil Procedure [2018] ZAGPJHC 127

Bagport (Pty) Ltd v South African Express Airways Soc Ltd (44591/2016)

Bagport (Pty) Ltd v South African Express Airways Soc Ltd (44591/2016) [2018] ZAGPJHC 127 (9 May 2018)

The High Court upheld a settlement agreement and made it an order of court, rejecting challenges based on internal company procedure, authority, and the PFMA.

  • Rule 41 Settlement
  • Authority Of Company Officers
  • Turquand Rule
  • Public Finance Management Act
  • Punitive Costs
  • Rule-41-settlement
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Commercial And Corporate [2013] ZANCHC 6

Khalil v New Diamond Corporation Ltd (957/2012)

Khalil v New Diamond Corporation Ltd (957/2012) [2013] ZANCHC 6 (15 March 2013)

The High Court referred a disputed loan claim to trial after finding genuine disputes of fact about the loan, authority, and repayment evidence.

  • Loan Agreement
  • Authority Of Company Officers
  • Genuine Dispute Of Fact
  • Estoppel
  • Ultra Vires
  • Application Vs Action Procedure
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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.