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South Africa decisions
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Catalina Invstments (Pty) Ltd v Government Pension Administration Agency (A2024/084497) [2025] ZAGPJHC 565 (11 June 2025)
The High Court held that termination of Catalina’s panel membership did not repudiate the service level agreement, and dismissed the appeal with costs.
Buntibiz (Pty) Ltd v Quest Retail Company (Pty) Ltd (1176/2021) [2023] ZAECMKHC 92 (31 August 2023)
The High Court held that a refund-related tacit term could not be implied into a sale of business agreement and dismissed Buntibiz’s claim with costs.
Mivami Construction CC v Extreme Lifestyle Centre (Pty) Ltd (15864/2012) [2020] ZAGPPHC 65 (25 February 2020)
The High Court held that a binding sale agreement for seven tipper trucks existed, the finance deals did not novate it, and the warranty was a tacit term.
Homsek (Pty) Limited t/a Homsek Suiwel v J.W. Muller & Seun (A33/2014) [2015] ZAWCHC 121 (2 September 2015)
The High Court dismissed an appeal over a milk supply dispute, holding that the appellant failed to prove a tacit term shifting post-delivery quality risk to producers.
Hypercheck (Pty) Ltd v Mutual & Federal Insurance Company Ltd (2010/2695) [2012] ZAGPJHC 2 (11 January 2012)
The High Court held that an insurance exclusion barred cover for damage caused by the collapse of a concrete awning after its support was cut away.
Thekweni Properties (Proprietary) Limited v Picardi Hotels Limited and Others (5516/2000) [2007] ZAKZHC 9; [2008] 1 All SA 172 (D); 2008 (2) SA 156 (D) (26 September 2007)
The court held that the cession clause in the mortgage bond constituted a cession in securitatem debiti, but the proviso requiring the bank's consent or a breach before acting on the cession suspended the operation of the transfer of rights. The plaintiff retained the right to collect and enforce payment of rentals until the suspensive condition was fulfilled. The parties' intention was not to deprive the plaintiff of its right to rental income during the currency of the bond. The amendment to the plea was allowed, as no irreparable prejudice was shown. The plaintiff was entitled to judgment…
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Land and Agricultural Development Bank of SA v Parker and Others (186/2003) [2004] ZASCA 56; [2004] 4 All SA 261 (SCA); 2005 (2) SA 77 (SCA) (23 September 2004)
The Supreme Court of Appeal held that the trust deed required a minimum of three trustees in office for the trust to be bound in transactions. When only two trustees were in office, the trust suffered from incapacity and could not be bound by their actions. After the appointment of the third trustee, the joint action or proper majority decision was required, but no such meeting or consultation occurred. The Parkers' conduct in purporting to bind the trust without proper authority constituted a breach of trust. The court further found that the trust was not validly represented in the appeal to…
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Strydom v Duvenhage NO en 'n Ander (569/96) [1998] ZASCA 70; 1998 (4) SA 1037 (SCA); [1998] 4 All SA 492 (A) (18 September 1998)
The Supreme Court of Appeal held that there was no express or tacit agreement obliging the purchaser to pay VAT in addition to the purchase price. The contract did not mention VAT, and the evidence did not support a common intention to impose such an obligation. The bystander test was not satisfied, as it was not clear that both parties would have agreed that the purchaser should pay VAT if asked at the time of contracting. The obligation to pay VAT rests on the vendor, and section 64(1) of the VAT Act deems the price to include VAT unless otherwise specified. The appeal was upheld, and the o…
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Wilkins NO v Voges (482/92) [1994] ZASCA 53; 1994 (3) SA 130 (AD); [1994] 2 All SA 349 (A) (29 March 1994)
The court held that no tacit warranty could be implied into a land sale to cover obstacles to township development, so the buyer’s counterclaim failed.
Soteriou v Retco Poyntons (Pty) Ltd. (1) (381/83) [1985] ZASCA 15; [1985] 2 All SA 208 (A) (29 March 1985)
The court held that a lease clause gave the tenant a valid right of first refusal for a new lease, and the landlord’s refusal to offer one justified setting aside ejectment.
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