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Civil Procedure [2024] ZALMPPHC 168

Geyser & Ferreura Incorporated Attorneys v Modimolle Mookgopong Local Municipality and Others (1735/2023)

Geyser & Ferreura Incorporated Attorneys v Modimolle Mookgopong Local Municipality and Others (1735/2023) [2024] ZALMPPHC 168 (1 November 2024)

Court
Limpopo High Court, Polokwane
Case number
1735/2023
Judge
M Bresler

The High Court enforced an acknowledgement of debt against the municipality for outstanding legal fees, rejecting objections based on missing source documents and authority.

  • Acknowledgement Of Debt
  • Compromise Agreement
  • Municipal Finance Management Act
  • Estoppel
  • Costs Order
  • Acknowledgement-of-debt
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Commercial And Corporate [2024] ZANWHC 264

Soul Africa Group (Pty) Ltd and Another v Venter Food (Pty) Ltd (CIV APP MG04.23)

Soul Africa Group (Pty) Ltd and Another v Venter Food (Pty) Ltd (CIV APP MG04.23) [2024] ZANWHC 264 (24 October 2024)

Court
North West High Court, Mafikeng
Case number
CIV APP MG04/23
Judges
Mfenyana, Makoti

The High Court held that a binding compromise agreement had been concluded despite no signed settlement document, and dismissed the appeal with costs.

  • Contract Formation
  • Compromise Agreement
  • Offer And Acceptance
  • Consensus Ad Idem
  • Quasi Mutual Assent
  • Contract-formation
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Commercial And Corporate [2024] ZAFSHC 281

Man in One CC v Matjhabeng Local Municipality (6692/2023)

Man in One CC v Matjhabeng Local Municipality (6692/2023) [2024] ZAFSHC 281 (5 September 2024)

Court
Free State High Court, Bloemfontein
Case number
6692/2023
Judge
Mhlambi

The High Court held that no binding settlement was proved, finding no sufficient written acceptance of the R25 million offer and dismissing the application with costs.

  • Compromise Agreement
  • Contractual Consensus
  • Motion Proceedings
  • Onus Of Proof
  • Compromise-agreement
  • Contractual-consensus
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Civil Procedure [2024] ZAKZPHC 34

Sikutshwa v First Rand Bank Auto Receivables (RF) Limited (2726/22P)

Sikutshwa v First Rand Bank Auto Receivables (RF) Limited (2726/22P) [2024] ZAKZPHC 34 (6 February 2024)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
2726/22P
Judge
P C Bezuidenhout

The court found that the applicant failed to provide a reasonable and satisfactory explanation for his default, as the section 129 notice and summons were sent to his chosen domicilium address in compliance with statutory requirements. The applicant did not notify the respondent of any change in address in writing. The alleged compromise agreement was not credible, as it was not in writing and contradicted the non-variation clause in the credit agreement. The applicant admitted to being in arrears and did not set out a defence with any prospect of success. The reference to an incorrect vehicl…

Source excerpt

  • Rescission Of Judgment
  • National Credit Act Compliance
  • Service Of Process
  • Domicilium Address
  • Compromise Agreement
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Commercial And Corporate [2023] ZASCA 38

Krugel Heinsen Incorporated v Thompson and Another (41/2022)

Krugel Heinsen Incorporated v Thompson and Another (41/2022) [2023] ZASCA 38 (31 March 2023)

Court
Supreme Court of Appeal
Case number
41/2022
Judges
Saldulker, Van der Merwe, Mabindla-Boqwana, Nhlangulela, Olsen

The Supreme Court of Appeal admitted post-judgment evidence showing Couples suffered no damages, upheld the appeal, and set aside the full court order.

  • Breach Of Mandate
  • Repudiation Of Contract
  • Admission Of Further Evidence
  • Damages
  • Suretyship
  • Compromise Agreement
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Commercial And Corporate [2023] ZASCA 12

JVE Civil Engineers Inc v Blue Bantry Investments 235 (Pty) Ltd and Another (1016/2021)

JVE Civil Engineers Inc v Blue Bantry Investments 235 (Pty) Ltd and Another (1016/2021) [2023] ZASCA 12 (16 February 2023)

Court
Supreme Court of Appeal
Case number
1016/2021
Judges
Van der Merwe, Mocumie, Hughes, Goosen, Windell

The Supreme Court of Appeal dismissed a review of an arbitral appeal award, holding that a pleaded compromise defeated the disputed fee claims.

  • Arbitration Act 42 Of 1965
  • Review Of Arbitration Award
  • Exceeding Arbitrator Powers
  • Compromise Agreement
  • Pleading And Procedure
  • Gross Irregularity
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Banking And Finance [2023] ZAWCHC 27

Blacher v Josephson (A15/22)

Blacher v Josephson (A15/22) [2023] ZAWCHC 27; 2023 (3) SA 555 (WCC) (14 February 2023)

Court
Western Cape High Court, Cape Town
Case number
A15/22
Judges
Sher, Le Grange, Gamble

The court held that the arbitral award was based on a compromise agreement (third AOD) which itself derived from earlier unlawful credit agreements. The respondent was not registered as a credit provider as required by the National Credit Act, rendering the original agreements unlawful and invalid. The compromise did not transform the unlawful nature of the underlying agreements into something new and valid; it merely attempted to settle the contractual claims arising from those agreements. The award did not create a new, independent cause of action but rather reinforced the original, unlawfu…

Source excerpt

  • National Credit Act
  • Unlawful Credit Agreement
  • Arbitration Award Enforcement
  • Compromise Agreement
  • Public Policy
  • Registration Of Credit Provider
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Civil Procedure [2022] ZASCA 114

Minister of Police v Van der Watt and Another (1009/2021)

Minister of Police v Van der Watt and Another (1009/2021) [2022] ZASCA 114 (21 July 2022)

Court
Supreme Court of Appeal
Case number
1009/2021
Judges
Petse, Plasket, Mothle, Tsoka, Salie-Hlophe

The Supreme Court of Appeal dismissed the Minister of Police’s rescission appeal, holding that the State Attorney had ostensible authority to settle and that the consent orders remained valid.

  • Authority Of State Attorney
  • Compromise Agreement
  • Rescission Of Judgment
  • Ostensible Authority
  • Rule 42 Uniform Rules
  • Settlement Order
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Labour Law [2022] ZALCJHB 83

Potgieter v Samancor Chrome Limited t/a Tubatse Ferrochrome (J 250/21)

Potgieter v Samancor Chrome Limited t/a Tubatse Ferrochrome (J 250/21) [2022] ZALCJHB 83; (2022) 43 ILJ 1866 (LC) (6 April 2022)

Court
Labour Court Johannesburg
Case number
J 250/21
Judge
Tlhotlhalemaje

The Labour Court upheld special pleas of compromise, res judicata, and waiver, and dismissed an employee’s claim for reinstatement with costs.

  • Compromise Agreement
  • Res Judicata
  • Waiver And Peremption
  • Reinstatement
  • Costs Award
  • Compromise-agreement
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Civil Procedure [2022] ZAECQBHC 1

Van Der Linde NO obo M Robiyana v Road Accident Fund (1453/2021)

Van Der Linde NO obo M Robiyana v Road Accident Fund (1453/2021) [2022] ZAECQBHC 1 (15 March 2022)

Court
Eastern Cape High Court, Gqeberha
Case number
1453/2021
Judge
J W Eksteen

The High Court dismissed an exception to a summons seeking to set aside a consent judgment allegedly entered without required authority.

  • Exception To Summons
  • Authority Of Representatives
  • Consent Judgment
  • Compromise Agreement
  • Public Finance Management Act
  • Exception-to-summons
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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.