South Africa Case Law

Tread Research CC v Bridoon Trade and Invest 197 (Pty) Ltd t/a Nashua Cape Town (10195/2017)

Tread Research CC v Bridoon Trade and Invest 197 (Pty) Ltd t/a Nashua Cape Town (10195/2017) [2021] ZAWCHC 268; [2022] 1 All SA 865 (WCC) (8 December 2021)

Court

Western Cape High Court, Cape Town

Case number

10195/2017

Judge

Davis

The court found a 2016 telecoms agreement was void for lack of authority, held the defendant unlawfully disrupted services, and awarded damages and restitution.

• Authority Of Company Representatives
• Unlawful Interference With Contract
• Pure Economic Loss
• Ostensible Authority
• Unjustified Enrichment
• Authority-of-company-representatives

Ablesun Investments (Pty) Ltd v Armadillo Developments 202 (Pty) Ltd and Others (9124/2015)

Ablesun Investments (Pty) Ltd v Armadillo Developments 202 (Pty) Ltd and Others (9124/2015) [2016] ZAGPJHC 152 (10 June 2016)

Court

South Gauteng High Court, Johannesburg

Case number

9124/2015

Judge

Nochumsohn

The court found that the Second Respondent was not authorised to act on behalf of the Applicant at the time of signing the Agreement of Sale and transfer documents. The purported authority relied upon was revoked in 1994, and no valid resolution existed. The 2012 agreement was fictitious and did not reflect the true transaction, rendering both the agreement and the subsequent deed of transfer invalid. The conveyancers failed to comply with statutory requirements, including verifying authority and obtaining necessary documentation. The transfer constituted the greater part of the Applicant's u…

Source excerpt

• Invalid Transfer Of Property
• Authority Of Company Representatives
• Deeds Registries Act
• Companies Act Special Resolutions
• Fictitious Agreement
• Attorney And Client Costs