Eldocrete (Pty) Ltd v Direlanang Construction and Project CC and Another (M630/2023) [2024] ZANWHC 211 (15 August 2024)
Court
North West High Court, Mafikeng
Case number
M630/2023
Judge
Dibetso-Bodibe
The High Court dismissed Eldocrete’s application because it failed to prove valid municipal approval and authority for a cession agreement binding the municipality.
Massbuild (Pty) Ltd v MEC for the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, North West Province and Another (CIV APP FB 16/2021; M44/2020) [2023] ZANWHC 146 (20 April 2023)
Court
North West High Court, Mafikeng
Case number
CIV APP FB 16/2021; M44/2020
Judges
Petersen, Reddy, Malowa
The court held that Clause 13.2 of the Department-Tawana contract constituted an enforceable pactum de non cedendo, restricting Tawana from ceding its rights without the Department's written consent. The cession agreement between Tawana and Massbuild was concluded in direct breach of this clause and other contractual provisions requiring Departmental approval for financial arrangements involving third parties. The restriction served a legitimate interest by ensuring compliance with internal controls and procedures for payment of public funds, and was not against public policy. The Department…
E -Sport Entertainment (PTY) Ltd v South African Securitisation Programme (RF) Ltd: In re: South African Securitisation Programme (RF) Ltd v Online Arena Enterprises (PTY) Ltd t/a ORENA.com and Others (34125/2021) [2022] ZAGPJHC 669 (7 September 2022)
Court
South Gauteng High Court, Johannesburg
Case number
34125/2021
Judge
Twala M L
The court held that the particulars of claim, when read as a whole, sufficiently set out the plaintiff's cause of action based on the sale and transfer agreement and the alleged cessions. The allegations regarding the cession agreements are sound in law and the respondent will need to prove them at trial. The excipient's argument that separate contracts of cession were required was rejected; fulfilment of obligations under the Main Cession Agreements was sufficient to effect cession. The particulars of claim adequately inform the excipient of the case to be met, and on all reasonable readings…
Mofokeng v GMG Trust Company (SA) (Pty) Ltd and Others (25121/2018; 25124/2018) [2021] ZAGPJHC 869 (6 July 2021)
Court
South Gauteng High Court, Johannesburg
Case number
25121/2018; 25124/2018
Judge
G Nel
The court found that the applicant failed to establish any grounds for rescission under Rule 42(1), Rule 31(2)(b), or the common law. The applicant did not demonstrate that the default judgments were erroneously sought or granted, nor did she set out a bona fide defence with sufficient detail or prospects of success. The respondents, as trustees of Velocity Trust, had locus standi based on the cession of rights from Volkswagen Financial Services, and the applicant was properly notified. The Rule 30A(1) notice filed by the applicant did not constitute a pleading or suspend the bar, and the app…
Incledon (Pty) Limited v Sydwell Shabangu Projects CC t/a SSP and Another (2016/8804) [2019] ZAGPJHC 430 (25 October 2019)
Court
South Gauteng High Court, Johannesburg
Case number
2016/8804
Judge
L R Adams
The High Court held that Incledon, not DPI Plastics, sold the goods after a business transfer and that the suretyship and cession remained enforceable.
605 Consulting Solutions (Pty) Ltd v National Health Laboratory Service (34560/17) [2019] ZAGPJHC 248 (8 August 2019)
Court
South Gauteng High Court, Johannesburg
Case number
34560/17
Judge
P.A. Meyer
The High Court held that a cession agreement was void ab initio for unmet suspensive conditions and that the ceded rights could not pass without prior written consent.
Mercuria Energy Trading South Africa (Pty) Ltd v TSH Coal (Pty) Ltd (43104/2016) [2018] ZAGPPHC 180 (4 April 2018)
Court
North Gauteng High Court, Pretoria
Case number
43104/2016
Judge
R S Willis
The High Court held that Duhentra validly ceded its rights under a coal trade confirmation to Mercuria, and ordered TSH Coal to deliver the remaining coal.
Automated office Technology (Pty) Ltd t/a AOT Finance v International Colleges Group (Pty) Ltd (385/2017) [2018] ZASCA 31 (8 March 2018)
Court
Supreme Court of Appeal
Case number
385/2017
Judges
Navsa, Seriti, Swain, Pillay, Makgoka
The Supreme Court of Appeal held that the written cession agreement, properly construed in the context of the master rental agreement and the business relationship between the parties, included not only the rental agreements in existence at the time of the cession but also those concluded thereafter. The court found that a restrictive interpretation would render subsequent agreements inchoate and unenforceable, which would be unbusinesslike and contrary to the parties' intentions. The appellant was entitled to judgment for arrear and future rentals under all nine agreements, as well as attorn…
National Empowerment Fund v C-Pro Construction (Pty) Ltd and Others (10191/2017) [2017] ZAGPJHC 406 (28 November 2017)
Court
South Gauteng High Court, Johannesburg
Case number
10191/2017
Judge
Fisher
The High Court held that C-Pro breached a cession of contract proceeds, entitling the National Empowerment Fund to enforce its security and recover amounts due.
Absa Technology Finance Solutions Limited v Rocbit Drilling Equipment (Pty) Ltd and Others (13062/16) [2017] ZAGPJHC 269 (19 September 2017)
Court
South Gauteng High Court, Johannesburg
Case number
13062/16
Judge
Fisher
The court found that ABSA proved the cession of rights under the rental agreement from Itec Finance, supported by documentary evidence and payment. Delivery of the photocopy machine was established by the signed rental agreement and corroborating documents, and the anomaly in the delivery note did not displace the evidence of delivery. The certificate issued by ABSA's manager was valid proof of the principal debt, as the cession entitled ABSA to exercise all rights of Itec Finance, including issuing certificates of indebtedness. The sureties were bound by the certificate clause because the re…
