South Africa Case Law

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064)

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064) [2024] ZAGPJHC 394 (19 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023-051064

Judges

DN Unterhalter, L Windell, T Siwendu

The High Court held that the subcontract was validly ceded to Smart, dismissed Radon’s liability, rejected the restricted-works claim, and limited additional P&G’s to R120,000.

• Joint Venture Liability
• Cession And Assignment
• Jbcc Agreement
• Variation Of Contract
• Quantification Of Claims
• Cession-and-assignment

Win Systems D.O.O. (Formerly Named Gold Club Gaming D.O.O) v DRGT Africa (Pty) Ltd (Formerly Named Simplicit-e Gaming Solutions (Pty) Ltd (8861/2021)

Win Systems D.O.O. (Formerly Named Gold Club Gaming D.O.O) v DRGT Africa (Pty) Ltd (Formerly Named Simplicit-e Gaming Solutions (Pty) Ltd (8861/2021) [2022] ZAGPPHC 316 (12 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

8861/2021

Judge

R G Tolmay

The High Court partially upheld an exception to particulars of claim, ordering amendment where invoices, credit notes, and informal agreement reliance were insufficiently pleaded.

• Exception Procedure
• Distribution Agreement
• Variation Of Contract
• Vague And Embarrassing Pleading
• Cession And Assignment
• Contractual Damages

Specialized Bicycle Components South Africa (Pty) Ltd v Zascotorque (Pty) Ltd t/a Concept Cyclery and Others (20/12853)

Specialized Bicycle Components South Africa (Pty) Ltd v Zascotorque (Pty) Ltd t/a Concept Cyclery and Others (20/12853) [2021] ZAGPJHC 114 (6 April 2021)

Court

South Gauteng High Court, Johannesburg

Case number

20/12853

Judge

Vally

The High Court held that Specialized validly acquired the seller’s rights by assignment, the respondents remained liable under an unconditional guarantee, and costs and interest followed.

• Guarantee Liability
• Cession And Assignment
• Contractual Interest
• Attorney And Client Costs
• Cession-and-assignment
• Guarantee-liability

Master and Crew of the MT "Argun" and Others v MT "Argun" (AC127/99, AC134/99, AC4/02)

Master and Crew of the MT "Argun" and Others v MT "Argun" (AC127/99, AC134/99, AC4/02) [2002] ZAWCHC 51; [2003] 1 All SA 346 (C); 2003 (3) SA 149 (C); (2003) 24 ILJ 1104 (C) (12 September 2002)

Court

Western Cape High Court, Cape Town

Case number

AC127/99, AC134/99, AC4/02

Judge

Foxcroft

The court held that maritime liens for seamen's wages are personal and not transferable by cession or assignment. The cession agreements executed by the plaintiffs in favour of their attorneys were intended only as security for legal fees and did not divest the plaintiffs of their rights to sue for unpaid wages. The plaintiffs retained locus standi to enforce their claims in rem against the vessel. Preservation costs incurred by the Sheriff as a result of the arrest are recoverable as costs of suit. Interest on wage claims in US dollars is to be awarded at the South African prescribed rate. T…

Source excerpt

• Maritime Lien
• Seamen Wages
• Cession And Assignment
• Preservation Costs
• Interest On Foreign Currency Judgments