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South Africa decisions
Decisions matching the current search
White v Fluorovizion Holdings (Pty) Limited (048096/2022) [2024] ZAGPJHC 1073 (21 October 2024)
The High Court rescinded a default judgment after finding the defendant had disclosed a bona fide defence, despite questionable default, in a share-sale dispute.
Navigare Securities (Pty) Limited and Another v Vickers and Peters Financial Planning (Pty) Limited and Another (29108/2022) [2023] ZAGPPHC 727 (21 August 2023)
The High Court upheld an exception to a claim for life cover and income continuation benefits, holding that the particulars of claim were vague and failed to plead conditions precedent.
Industrial Development Corporation of South Africa v Hughes and Others (2019/34170) [2022] ZAGPJHC 959 (1 December 2022)
High Court exception judgment in a guarantee claim. Some pleading defects were upheld, including missing allegations about written waiver and breach notice, but others failed.
Annex Distribution (Pty) Ltd v Bank of Baroda (38591/2019) [2021] ZAGPPHC 857 (30 December 2021)
Leave to appeal against a final liquidation order was dismissed after the court found the debtor-substitution agreement had lapsed for non-fulfilment of conditions precedent.
Amaya Mining (Pty) Ltd v Madimetja Pheladi Projects and Mining CC and Others (34563/2017) [2017] ZAGPJHC 387 (23 November 2017)
The court dismissed an application concerning a mining and exploration agreement, finding the matter could not be decided on affidavit and refusing referral to trial.
Social Housing Regulatory Authority v Camel Rock Social Housing Institution NPC (5531/2016) [2017] ZAGPJHC 443 (16 October 2017)
The High Court held that the respondent’s claim was barred by issue estoppel/res judicata and dismissed the action, ordering attorney-and-client costs.
Renken and Another v Kwadukuza Municipality and Others (9234/15) [2017] ZAKZPHC 20 (30 May 2017)
Costs ruling in a moot review over mall development approvals. The court found the application had become moot and ordered the applicants to pay all respondents' costs.
Strydom v University of South Africa (A 173/2011) [2014] ZAGPPHC 1010 (12 December 2014)
Appeal dismissed over a claimed post-retirement medical aid benefit; the court found no enforceable agreement and held performance was barred by a Labour Court order.
Bonpure (Pty) Limited and Another v Parry and Others (10978/05) [2006] ZAWCHC 19 (17 May 2006)
The court found that the applicants failed to prove fulfilment of all five conditions precedent required by the Heads of Agreement. Several conditions, particularly those involving agreements with third parties, remained unfulfilled, and the evidence relied upon by the applicants consisted largely of unsigned drafts and inconclusive correspondence. The court rejected the argument that the first respondent had waived compliance with the conditions, finding no clear or unequivocal conduct indicating such waiver. The existence of bona fide disputes of fact precluded the granting of final relief…
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