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South Africa Case Law

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Commercial And Corporate [2022] ZAGPPHC 554

Kransberg Petroleum (Pty) Ltd v Boskor Beleggings (Pty) Ltd (32665/12)

Kransberg Petroleum (Pty) Ltd v Boskor Beleggings (Pty) Ltd (32665/12) [2022] ZAGPPHC 554 (29 July 2022)

Court
North Gauteng High Court, Pretoria
Case number
32665/12
Judge
WJ du Plessis

The court found that both parties were close corporations at the time of contracting, and that Ms du Plessis had sole authority to bind the plaintiff, while Mr du Plessis had authority to bind the defendant. The contract terms regarding price were never expressly agreed or recorded, but the evidence showed that the parties operated on trust and cooperation, with the plaintiff consistently invoicing at the list price for zone 12C as published by the Minister of Energy. The court applied the principles of tacit terms, finding that the business relationship and conduct of the parties indicated c…

Source excerpt

  • Oral Contract
  • Close Corporation Act
  • Tacit Terms
  • Authority To Bind
  • Fuel Supply Agreement
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Commercial And Corporate [2018] ZAGPJHC 96

Nurcha Development Finance (Pty) Ltd v Emfuleni Municipality and Another (35173/15)

Nurcha Development Finance (Pty) Ltd v Emfuleni Municipality and Another (35173/15) [2018] ZAGPJHC 96 (8 May 2018)

Court
South Gauteng High Court, Johannesburg
Case number
35173/15
Judge
Molahlehi

The applicant failed to establish a legal nexus with the municipality, as the municipality was not party to the loan agreement and the instruction note did not create a binding obligation. The contract of cession was not properly pleaded, and there was no evidence that the municipality had knowledge of any cession. The applicant's reliance on annexed documents without proper averments in affidavits was impermissible in motion proceedings. The municipality's defenses, including lack of authority of the signatory and statutory prohibitions on payment, were upheld. Consequently, the applicant di…

Source excerpt

  • Cession Of Rights
  • Breach Of Contract
  • Motion Proceedings
  • Authority To Bind
  • Municipal Finance
  • Pleading Requirements
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.